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Home My WebLink About2005-02-01 CITY OF MERIDIAN PRE.COUNCIL MEETING AGENDA Tuesday, February 1, 2005 at 6:00 p.m. City Council Chambers 1. Roll-call Atten~ance: ~ Shaun Wardle -L Christine Donnell ~ Charlie Rountree -L Keith Bird ~ Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Audit Report: (*10-15 minutes) 4. Executive Session per Idaho State Code 67-2345(1)(b)&(f): *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - February 1, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. cMe;idl~n " ~. ID'"4 ~'I~'8j MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William 1. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 (fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579 ( fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533 (fax 888-6854 Police 1401 E. Watertower Lane 888-6678 (fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 ( fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 (fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191 (fax 884-0744 - Water 2235 N. W. 8th Street 888-5242( fax 884-1159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, February 1, 2005 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issue: - Audit Report - Executive Session per Idaho State Code 67-2345(1)(b)&(f) The public is welcome to attend the meeting. DATED this 28th of January, 2005. JI~4- CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CI.EIIK-E\X 888-4218 IIU~IAN HESOUHCES-E\X 884.8723 FINANCE & UTILITY BILLING-FAX 887-4813 ,\IAYOII'5 OFFICE-FAX 884.8119 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 1, 2005 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell I Charlie Rountree -X- Keith Bird ~iw..L -X- Mayor Tammy de Weerd t!- 6: III fhV 2. Adoption of the Agenda: a~l/'-.f- 3. Audit Report: jeevl;'" ~/:;-Jv ~ Eitfte l3al/ty L-L-P (*10-15 minutes) 4. Executive Session per Idaho State Code 67-2345(1 )(b)&(f): At? decl'J/~ ~ * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - February 1, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. February 25. 2005 MERIDIAN CITY COUNCIL MEETING March 1. 2005 APPLICANT ITEM NO, 5-8 REQUEST Approve Minutes of February 1, 2005 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Pre-Council Meetina Februarv 1. 2005 The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on Tuesday, February 1, 2005 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine Donnell. Staff Present: Bill Nary, Brad Watson, Ted Baird, Stacy Kilchenmann and Will Berg. Item 1. Roll-call Attendance: Roll call. X Shaun Wardle -LChristine Donnell -0 Charlie Rountree X Keith Bird - ~ MayorTammydeWeerd Adoption of the Agenda: Item 2. Donnell: Mr. President, I would like to move that we adopt the agenda as printed. Bird: Second. Wardle: It's been moved and seconded to adopt the agenda as published. All in favor? ALL AYES. MOTION CARRIED. Item 3. Audit Report: Kilchenmann: Our audit report results tonight are going to be presented by Mr. Kevin Smith. He's our senior partner in charge of our audit now from the firm formerly known as (inaudible) & Lindstrom now known as (inaudible) Bailey. K. Smith: Madame Mayor and members of the Council it is my pleasure to be here tonight to present the audit financial statement for the City of Meridian for September 30, 2004. This year as the same as last year, we issued an unqualified or (inaudible) opinion for the financial statements for the city. A couple things I would like to point out - one of them is this is the second year of the new pronouncement, which gives us a little bit different format than what we are used to in the past and so I think now we have some comparative information that makes it a little more reader friendly than it was last year with just the first year. So, looking at the governmental funds especially you have a full accrual. The two main components that were added to the balance sheet, one was the ( Meridian City Pre-Council Meeting February 1, 2005 Page 2 of5 debt that was outstanding, in your case very little and then the fixed assets, which were brought onto the balance sheet, which that hadn't been the case before. So, it gives you, I think, a more meaningful financial statement to make some management decisions on. A couple things I would like to point out and I think the management discussion and analysis, which starts on page three, I will point out that this document is written by management of the city and we do not give an opinion on these first ten pages, however, we do review them for consistency with the financial statements and the information that we do give an opinion on and we have found that the amounts are consistent and agree with those and discussion also. On page three it talks about some of the financial highlights, which I think management has done a very good job in pointing some of those things out that have happened during this past year. To start out with it points out the net assets of the city has exceeded the assets (inaudible) have exceeded the liabilities by about $164 million, which seems like a large number, however, a lot of that is tied up into fixed assets or infrastructure especially in the enterprise fund there is a large amount that is tied up into infrastructure. So, that can be a bit misleading and so as you look at the financial statements, the main thing to look at is really the unrestricted net assets that's really available for spending for the city. One of the things that we have discussed with management is when you look at the net assets and whafs available especially in the business type, the enterprise funds that continues to grow each year and for a good reason. There is a lot of improvements that will take place in the future. One of the recommendations that we had is just in management discussion was to come up with a plan; come up with a fairly solid plan so that as a Council you can actually designate some of those funds for some specific projects and then we can actually reserve some cash for that. That will reflect in the financial statement rather than just having the large unrestricted balance that now appears. So that in the future we would recommend that you take a real hard look at that. One of the things that also, you know, as far as the budget towards the back of the financial statement - I won't spend a lot of time thumbing through pages, but towards the back of the financial statement itself we report that the budget to actual in the governmental funds and in the general fund is you will see revenue exceeded the budget and expenses were less than the (inaudible) was less than what was budgeted. So, very good management as far as the budget went for this year as it's done in the past year. I think you know it's your fiscal responsibility to oversee that budget and monitor that budget and I think you do a very good job in spending the funds wisely. Does anyone have any questions as far as the financial statements? I know I probably get a little more excited about them than most people do and enjoy reading them, but I know that everyone doesn't have that same enjoyment at night during ball games, but - Also, we (inaudible) management letter this year and in the management letter there are basically three different levels of findings that we will report. One is a material weakness, which is the most serious and in a material weakness that means internal controls are so deficient that it could cause a material mistake in the financial statements. The next level is a reportable condition, meaning that it may not be material but it is still very serious ( Meridian City Pre-Council Meeting February 1, 2005 Page 3 of 5 and needs immediate attention and we did not report either one of those type of findings this year. We did have some other comments that we listed in the management letter and we have gone over them with management and they have responded to each of those which we have actually published in that management letter and we are satisfied with the response they gave and know that they will be mitigating factors will be put into place to overcome some of those areas of maybe a little bit of weakness, internal controls. Another one that we pointed out this year just as kind of general information rather than a weakness was there was a new pronouncement again coming out this coming year that will apply to the City of Meridian and it's Statement No. 40 in governmental arena and it is related to investments and since you guys have a large balance in your investment account and it's very diversified in the types of investments that you are in right now, it'll require some more analysis of the investment account and require additional disclosure, so you could probably - we figure that your financial statements will probably grow by about four or five pages, just related to that disclosure. Just another regulation thanks to some of the companies that have not properly reported their investments the last few years. Any questions as far as the financial statements or management letter, footnotes or anything that I could -I would be happy to answer them for you. Donnell: Mr. President. Wardle: Ms. Donnell. Donnell: On page 16, the balance sheet for governmental funds, you mentioned that we should develop a plan so that we can dedicate particular funds to whatever projects the city decides should be funded. I see at the bottom at that page that there are reserves for Parks and the Police center and fire truck purchases. Are you saying something that is more defined than even that? K. Smith: This is actually - in the general fund you actually have done a fairly good job of designating a lot of those funds and reserving those and my comment was more in reference to the enterprise funds where I think the balance is continuing to grow a little bit faster than the general fund is. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: Just to clarify that. When we met with Mr. Smith we talked about that and we are in the final stages of developing the capital improvement plan. Stacy and Brad have been working together on that and it will be able to take those unrestricted funds in the enterprise funds, which really are (inaudible) marked and show where those are, so it will explain the amount in those reserves so you know there is a plan for them because there has to be. That's how we even set our fees, so they'll be targeted towards the planned expansion lines at the well ( Meridian City Pre-Council Meeting February 1, 2005 Page4of5 sites and maintenance and those kinds of things, replacement lines and those different categories. So then as a consumer even looks at it they will be able to see these monies, they may be unrestricted, but they are reserved. K. Smith: Right now it just appears that they are available for spending, which is really not the case. Wardle: Council any other questions? Bird: Mr. President. Wardle: Mr. Bird. Bird: Not just a question, Kevin, another very nice job not only for you but from our staff. This is a nice audit. Proud to say that I have been part of it and thank you again for all your hard work and the nice job you have done for us. K. Smith: I would like to echo your statement about the staff and once again we appreciate their efforts. It takes a lot of work. We are very disruptive and we want to get in and get out as fast as we can to be efficient and they do a wonderful job. They look after us, they answer the questions immediately and they provide documentation in a very timely manner and we do appreciate their efforts. Bird: Thank you very much Kevin. De Weerd: Mr. President. Wardle: Madame Mayor. De Weerd: He says that not only as our auditor, but also as one of our citizens. So, you can bet that the questions he has he wants answers. Wardle: Thank you Mr. Smith and it appears that the financial state of our city and the management of that state are in tip top shape and in good hands and we appreciate the hard work that you do on this audit and I know that the citizens and tax payers do as well. Item 4. Executive Session per Idaho State Code 67-2345(1)(b)&(f): Bird: Mr. President. Wardle: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67- 2345(1 )(b)&(f). Meridian City Pre-Council Meeting February 1, 2005 Page 5 of 5 Rountree: Second. Wardle: It's been moved and seconded that we enter into Executive Session. All in favor, say aye. Berg: Excuse me Mr. President. We need a roll call vote to go into Executive Session. If I may, roll call, Council: Bird, aye; Rountree, aye; Donnell, aye; Wardle, aye; ALL AYES. MOTION CARRIED. Wardle: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. Wardle: It's been moved and seconded. All in favor? ALL AYES. MOTION CARRIED. Wardle: Seeing that we are at the end of our agenda for the evening and our allotted time, I would entertain a motion to adjourn. Bird: Mr. President, before I make that motion let it be known that no decisions were made while in Executive Session. Then I would move that we adjourn. Rountree: Second. Wardle: It's been moved and seconded to adjourn. All in favor? ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: _.-.__..__._-~--..., ~~~~ TAMMY D~D,-II.'1A'iOR t\ fd.51- Pas!- fey ? ul-J \. c. No\1C(. I ~ Th OJ! K s:\ , cM'e;;dzdn \ ~. IDA",4 ~111G8j MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William 1. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 Police 1401 E. Watertower Lane 888-6678/ fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/ fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, February 1, 2005 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issue: - Audit Report - Executive Session per Idaho State Code 67-2345(1)(b)&(f) The public is welcome to attend the meeting. DATED this 28th of January, 2005. JI~ft CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-FAX 888.4218 HU.\I,\N RESOURCES-E\X 884-8723 FINANCE & UTILITY BILLING-FAX 887-4813 ~lr\YOR'S OFFICE-FAX 884.8119 ~Ui(k ~D:k~,r ~\J~ll'G ~~hQ-lh1V\lt::'\, CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 1, 2005 at 6;00 p.m. City Council Chambers 1. Roll-call Attendance; Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Audit Report; (*10-15 minutes) 4. Executive Session per Idaho State Code 67-2345(1)(b)&(f): * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - February 1, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 1, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Shaun Wardle ~ Christine Donnell -L Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: Rory Hewitt Boy Scout Troop 185 3. Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: A. Approve Minutes of January 11, 2005 City Council Regular Meeting: Approve B. Approve Minutes of January 18, 2005 Pre-Council Meeting: Approve C. Findings of Fact and Conclusions of Law for Approval: RZ 04- 018 Request a Rezone of .74 acres from L-O to C-C zone for Kinetico Qualitv Systems of Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: Approve D. Findings of Fact and Conclusions of Law for Approval: AZ 04- 031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gatewav by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: Approve E. Permanent and Temporarv Easement Contract for the North Slouah Sanitary Sewer Proiect: Approve F. Approve Beer and Liauor Transfer for the 127 Club - 127 East Idaho: Approve Meridian City Council Agenda - February l, 2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. G. Aqreement for Professional Services for BDS Lock Box: Approve H. Permanent and Temporary Easement Contract for the Westborouah Subdivision: Approve Budqet Amendment - North Black Cat Trunk and Lift Station Proiect: Approve J. Approve Bills: Approve 6. Department Reports A. Legal Department 1. Public Disturbance Ordinance Amendment: Bring back to City Council 2. Public Hearina Process: Bring back to City Council B. Police Department - Chief Musser 1. Update on Doq Adoption Policv and Procedure: Bring back to City Council with Resolution 2. Discussion of Countv-wide Geo-Cast Communicator Svstem: Approve 3. Discussion of K-9 Replacement Plan for Tiko: Approve 7. (Items Moved from Consent Agenda) 8. Tabled from January 25, 2005: FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 10.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: Table to February 8, 2005 City Council Meeting 9. FP 05-003 Request for Final Plat approval of 20 single-family residential building lots and 1 common lot on 5.27 acres in an R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: Approve 10. FP 05-001 Request for Final Plat approval of 11 commercial building lots and 1 other lot on 14 acres in a C-G zone for Sparrowhawk Subdivision Meridian City Council Agenda - February 1,2005 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. No.2 by David Waldron - northeast corner of Franklin Road and Nola Road: Approve 11. FP 05-002 Request for Final Plat approval of 83 single family residential building lots and 5 common lots on 25.86 acres in a R-4 zone for Milliron Subdivision by Dyver Development, LLC - northeast corner of North Black Cat Road and West Cherry Lane: Approve 12. Public Hearing: AZ 04-029 Request for an Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners - 985 East Freeway Drive: Prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: VAR 04-007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new sign age for a movie theater for Maiestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: Prepare Findings of Fact and Conclusions of Law for Approval 14. Public Hearing: PP 04-042 Request for Preliminary Plat approval of 18 commercial building lots on 33.1 acres in a C-G zone for Boise Vallev Commons by Boise Valley Commons, LLC - 2200 East Overland Road: Prepare Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: VAR 05-001 Request for a Variance for a time extension for the approved Conditional Use Permit for Stonebridqe Business Park by Falash & Ross Construction, Inc. - 150 South Adkins Way: Withdraw Application 16. Water, Sewer, & Trash Delinquencies: Approve 17. Ordinance No. 05-1129 AZ 04-019 REVISED Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: Approve 18. Ordinance No. 05w1130 : AZ 04-030 Request for Annexation and Zoning of 1.8 acres from RUT to a C-G zone for Southern Sprinqs No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: Approve 19. Letter to Senator Crapo: Mayor to Sign 20. Executive Session per Idaho State Code 67-2345(1)(b): No Decision Meridian City Council Agenda - February l, 2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 1, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: -L Shaun Wardle ~ Christine Donnell + Charlie Bountree =r Keith Bird ----A-- Mayor Tammy de Weerd 2. Pledge of Allegiance: f(o""1 IIflthH /1;"0/ J'C4wt rntJ}' /95 3. Community Invocation by !JtlJ.frJr 1;tt-yf ~6erf.r /.., L ~ j /1Ltr/t!/(Uv Go~ / &tot'f/J4vr<.. 4. Adoption of the Agenda: ti'fprov.(! Ill" ~cUC(..; 5. Consent Agenda: A. Approve Minutes of January 11, 2005 City Council Regular Meeting: alfrulM- B. Approve Minutes of January 18, 2005 Pre-Council Meeting: o/jInl~ C. Findings of Fact and Conclusions of Law for Approval: RZ 04- 018 Request a Rezone of .74 acres from L-O to C-C zone for Kinetico Qualitv Systems of Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: a~~ D. Findings of Fact and Conclusions of Law for Approval: AZ 04- 031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gatewav by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: ~N- E. Permanent and Temporarv Easement Contract for the North Slouah Sanitary Sewer Proiect: ~f/w<.-- F. Approve Beer and Liauor Transfer for the 127 Club - 127 East Idaho: ~r<- G. Aareement for Professional Services for BDS Lock Box: ~ Meridian City Council Agenda - FeblUmy 1,2005 Page 1 of 3 All materials prescnted at public meetings shall become property of the City of Melidian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours Pliorto the public meeting. H. Permanent and Temporarv Easement Contract for the Westborouah Subdivision: ap~~ Budaet Amendment - North Black Cat Trunk and Lift Station Proiect: ~v<- J. Approve Bills: ~v..I./ 6. Department Reports A. Legal Department 1. B. Public Disturbance Ordinance Amendment: .br~~:J bA.tPg... h:> ele.. Public Hearina Process: 1.... 6n~ oA-PL T'" clc. Police Department - Chief Musser 2. 7. 1. Update on Doa Adoption Policv and Procedure: /Pn~ .6~ok... fp d G w/ rer(}/<<-t7~ 2. Discussion of Countv-wide Geo-Cast Communicator System: ~Y'.L 3. Discussion of K-9 Replacement Plan for Tiko: ~Qv-'L-- (Items Moved from Consent Agenda) 8. Tabled from January 25, 2005: FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 10.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: -f'a,-6-U.. f-o 2-- 6 -0 5" FP 05-003 Request for Final Plat approval of 20 single-family residential building lots and 1 common lot on 5.27 acres in an R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: Approve... FP 05-001 Request for Final Plat approval of 11 commercial building lots and 1 other lot on 14 acres in a C-G zone for Sparrowhawk Subdivision No.2 by David Waldron - northeast corner of Franklin Road and Nola Road: Afrrov c.... 9. 10. 11. FP 05-002 Request for Final Plat approval of 83 single family residential building lots and 5 common lots on 25.86 acres in a R-4 zone for Milliron MeJidian City Council Agenda ~ FebrualY 1,2005 Page 2 of3 All materials prcsented at public meetings shall become propelty of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours plioI' to the public meeting. Subdivision by Dyver Development, LLC - northeast corner of North Black Cat Road and West Cherry Lane: Apprcv-c.... 12. Public Hearing: AZ 04-029 Request for an Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood Lane by Tom Holliday/CRttonwood Lane Partners - 985 East Freeway Drive: R-cpa.yC- FF\ CLw Af:prow..\. Public Hearing: VAR 04-007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new signage for a movie theater for Maiestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: ftcp:trc rFl!..L fty AfPfOvCLJ 13. 14. Public Hearing: PP 04-042 Request for Preliminary Plat approval of 18 commercial building lots on 33.1 acres in a C-G zone for Boise Vallev Commons by Boi~e Valley Commons, LLC - 2200 East Overland Road: PrCfX)Je: F'FCL ttr ~C0t Public Hearing: VAR 05-001 Request for a Variance for a time extension for the approved Conditional Use Permit for Stonebridae Business Park by Falash & Ross Construction, Inc. - 150 South Adkins Way: lA1\thd rv.W Apya Water, Sewer, & Trash Delinquencies: A(Jf'YCYT... Ordinance No. 05-1 J 2.~ : AZ 04-019 REVISED Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: A-eprov-c.. Ordinance No. 05- H30 AZ 04-030 Request for Annexation and Zoning of 1.8 acres from RUT to a C-G zone for Southern SDrinos No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: App rove..- Le -f/4A- tl? f~n.-evf~ Cr-~f <> : jVlayor to b(3 h e ~e uc-hve" S€/TL on. - 61- '2- '3 4 ~ (d (bJ : M dec/J'/~ 15. 16. 17. 18. (q~ 20, Meridian City Council Agenda - February 1,2005 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. February 18, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 22, 2005 ITEM NO. 5-D REQUEST Approve Minutes of February 1, 2005 Ciiy Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian Citv Council Meetina Februarv 1. 2005. The regular meeting of the Meridian City Council was called to order at 7:08 P.M., Tuesday, February 1, 2005, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Christine Donnell, and Charlie Rountree. Others Present: Bill Nary, Will Berg, Tara Green, Brad Watson, Bill Musser, Brad Hawkins-Clark, Kenny Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle ~Christine Donnell ~ Charlie Rountree ~Keith Bird ~ Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the regular City Council meeting to order, Tuesday, February 1 st. It is eight after 7:00. Welcome all of you in joining us here tonight. I will go ahead and get started with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is the pledge of allegiance and we have Roy Hewett with the Boy Scout Troop 185 to lead us in the pledge. Please rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts, with Meridian Gospel Tabernacle: De Weerd: Thank you. Well, we appreciate having Boy Scout Troop 185 with us tonight. Good look with your merit badge on citizenship. Item NO.3 is our community invocation that will be led by Pastor Burton Roberts with the Meridian Gospel Tabernacle. Boy, I can spit that one out. Roberts: That's a mouth full, isn't it? De Weerd: Yes. If you will, please, take this moment to join us in the community invocation or as a moment of silence. I just -- I hope this is not an indication of our night to come. Roberts: Good evening, Madam Mayor, Council. As a part of my invocation tonight I'm going to share with you the fourth verse of our national anthem, something -- words that we don't too often hear.. Oh, thus be it 'er when free men shall stand between their Meridian City Council February 1,2005 Page 2 of 42 loved homes and the war's desolation. Blessed with victory and peace, may the heaven rescued land praise the power that has made and preserved us a nation. And conquer we must when our cause is just And this be our motto, in God we trust And the Star Spangled Banner in triumph shall wave or' the land of the free and the home of the brave. Let us pray. Heavenly Father, we, indeed, invoke your presence at this time tonight. We ask that there will be peace continuing in our land. We ask that you would continue to watch over us as we care for the matters of the city. Cause this night to be a night when the deliberations are just and appropriate and that there is an agreement that we all must find within ourselves, the love of one another and the love of our nation, causing our hearts this night to give thanks for all that you have done for us. We ask these things in Jesus' mighty name. Amen. De Weerd: Thank you. And thank you for coordinating this for the last year, Pastor Roberts. Roberts: You're welcome. Item 4: Adoption of the Agenda: De Weerd: It's been very much appreciated. Okay. Item No.4, the adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have been asked to take a couple. On the regular -- there is nothing on the Consent Agenda. On the regular items, Item No. 8 has been asked to be tabled to February 8th, 2005. Item No. 15 has been asked by the developer, the applicant, to be pulled. I don't know what ordinance number -- 05 -- Wardle: 1129. De Weerd: 05-1129. Bird: Nine. And 1130. And also at the request of the Mayor, we have been asked to have an Executive Session as Item 19, under Idaho State Statute 67 -2345( 1 )(b). And with that I would move that we approve the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council February 1, 2005 Page 3 of 42 Item 5: Consent Agenda: A. Approve Minutes of January 11, 2005 City Council Regular Meeting: B. Approve Minutes of January 18, 2005 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law for Approval: RZ 04- 018 Request a Rezone of .74 acres from L-O to C-C zone for Kinetico Qualitv Systems of Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: D. Findings of Fact and Conclusions of Law for Approval: AZ 04- 031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gatewav by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: E. Permanent and Temoorarv Easement Contract for the North Slouqh Sanitary Sewer Proiect: F. Approve Beer and Liquor Transfer for the 127 Club - 127 East Idaho: G. Aareement for Professional Services for BDS Lock Box: H. Permanent and Temoorarv Easement Contract for the Westborouah Subdivision: Budget Amendment - North Black Cat Trunk and Lift Station Proiect: J. Approve Bills: De Weerd: Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all legal papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. If there is no further discussion, Mr. Berg, will you call roll. Meridian City Council February 1, 2005 Page 4 of 42 Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Bird; Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Before we go any farther, before starting into the regular agenda, we need to -- as Item No. -- we will exchange -- we will make the Executive Session 20 and No. 19, with your permission, a letter signatory from the Council and Mayor, is Senator Crapo's letter. If we could add that. Rountree: Second agrees. Bird: I apologize. De Weerd: Okay. With Council's permission, we will go ahead and add an Item 19 for the signature of the letter to Senator Crapo and Item 20 would be the Executive Session. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from Consent Agenda. De Weerd: Item 8 has been requested to table to February 8th. I would entertain a motion. Item 6: Department Reports A. Legal Department 1. Public Disturbance Ordinance Amendment: Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Are you going to skip the Department Reports? De Weerd: Oh, yes, I am. I thought I would expedite this meeting. Sorry. Meridian City Council February 1, 2005 Page 5 of 42 Bird: Oh, we like that. De Weerd: You can see I'm really here tonight, aren't I? Nary: The chief and I take no offense at that, Madam Mayor. De Weerd: Yes, In particular, sorry, chief. Okay. 6-A. I guess we will back up and ask the legal department for their report. Nary: Thank you, Madam Mayor, Members of the Council. There is, actually, two ordinances on the department report tonight. I have presented you a couple of drafts of these ordinances in the last couple of weeks and I was really just seeking direction if you would like these placed on your agenda next week for review and possible approval. The first one, just briefly, is an amendment to our current noise disturbance ordinance. That's gotten, essentially, some discussion in the public regarding our noise disturbance and I wanted to at least bring that forward after our recent Louisiana Pacific neighborhood meeting. You do need to amend or consider amending this ordinance if you wish to pass a fee that will be on your agenda from the parks department either next week or the following week, regarding people being allowed to purchase permits to have activities in the park that will allow them to have a band or some music or something like that. That would currently violate the ordinance as it's currently written. So, at least one of these exemptions you would need to pass if you wanted to allow permitted activities in the park. Some of these other ones I borrowed from the Boise city noise ordinance that I had written back in 1996, because we found that they were common everyday things that police officers had to address that sometimes were problematic and were not very effective in criminal code to issue citations for and I could just briefly -- you have seen them all and most of them seem fairly routine and fairly self- explanatory. The only thing this probably doesn't address that is the only -- probably the strangest noise complaint 1 ever received was a week after we passed the Boise city noise ordinance in 1996 I received a call from a person that wanted to complain about the ice cream truck and didn't like the ice cream vendor and his music and the bell that he rang. In Boise they do have licensing for that activity. We don't have licensing for that activity here, so that would probably fall into some -- some other type of discussion with them on that. But other than that, most of these things deal with public property areas, the parks, the municipal property, schools, and the like. The one that is probably dealing with business operations is number seven, which talks about, basically, when you have a particular zoning designation area and you have activities in that zone that are part of that process to be approved for that business, that it doesn't, then, make sense to turn around and give them a citation -- a criminal citation for a business activity, because their lights are too bright or because their doors open too loud or those types of things. You want to keep that within the confines of your -- of your planning and zoning code and Mrs. Canning and I have had some discussions -- you will be seeing that code within the next couple months with some revisions and they are going to try to address a lot of those business operational things in the zoning code where they belong. Chief Musser has had an opportunity to review this ordinance as well. J Meridian City Council February 1, 2005 Page 6 of 42 don't know if he has any comment for you, but if you would like me to put this on next week, I could certainly do that. Chief, did you have any comment you wanted to add? Musser: Madam Mayor, Members of the Council, and Mr. Nary, at this time I don't have any other comments to add. I think our city attorney has pretty much summed it up and I would agree with most of his rationale and justifications for those changes and think they would make things easier. De Weerd: Thank you, chief. Thank you, Bill. I guess I would echo whatever resident complained about the ice cream truck. It costs me money every time the kids hear it. You don't have kids pulling at your pocket. Bird: No, but I have got myself out there. 2. Public HearinQ Process: Nary: Madam Mayor, the second report in there, the Planning and Zoning Department and myself, since I came on in October, have been working on the public hearings ordinance that we have and trying to clean it up, trying to provide a little bit more structure to it that would be applicable to the Planning and Zoning Commission and, when necessary, if the parks commission were to be having a hearing that was a public hearing, they could apply that ordinance as well. They don't have many public hearings, but if they were, they would have the ability to use a set format of rules and regulations as to how hearings are run, what the format is, how presentations are made and all of that. It's a much more cumbersome ordinance than what we currently have, but it has a lot more structure. They have had the building contractor's association review it once, we have made some changes, and I have asked Mr. Baird to also review it to make sure we have -- we have a legally defensible ordinance and t don't believe there is any other issues that we need to address. But that means it will still take a little bit to get in front of you. What I propose to put in front of you next week, if you would like, is to eliminate swearing in the people prior to giving testimony. It isn't required by the state of Idaho, there isn't any -- any reason it needs to be in there, and we can certainly eliminate that now and allow you to conduct your business and, then, as we bring the other one forward, which may take a little longer, we can certainly address whatever other issues there are. But I propose that. It's a very simple fix. We can put that on next week, if you would like me to do that. De Weerd: I would say that would be very welcome, Mr. Nary. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Question for Mr. Nary. In item D, time limit for speakers, I notice that it allows - - this ordinance allows the Mayor to set those time limits out, but it doesn't spell Meridian City Council February 1, 2005 Page 7 of 42 individually the time limits for speaking out. Is that a separate set of rules that appears in another ordinance somewhere? Nary: There are no rules currently in the Meridian city ordinance. That's what this new ordinance that we have been drafting will designate, how much the applicant has initially, how much the response or rebuttal testimony can be, all of that is in the new one. The current ordinance doesn't have guidelines; it is totally up to the chair currently. Wardle: Okay. Thank you. De Weerd: And I can put time restrictions on Councilmen, too. Rountree: Not according to this. De Weerd: Any other questions? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Going through this -- and I do like it, but I think there is some areas where -- where it says by the Mayor or presiding officer -- because you do have the Council president preside and I know at the last you say presiding officer, but I think to be clear, where it says the Mayor may order at anytime or presiding officer, not just because of the -- like I say, the Council president does run that, too. And also we have, as I understand, Planning and Zoning would be working under these rules. Nary: Madam Mayor, Members of the Council, Council-member Bird, all I was proposing with this change was to eliminate the swearing in. The new -- the new code that we are working on will address Planning and Zoning and the Council and the process and the only reason I think -- and I can certainly add presiding officer. I think for the sense of clarity, the reason that they did it this way was at the very end they basically put in a catch-all that said presiding officer or president of the Council, the presiding member would act as the Mayor as described above. So, that way each reference didn't have to say Mayor, Council president, presiding officer. Otherwise, it would be cumbersome. So, unless you want me to add that, at this point I will just delete the one section that's the most troubling and, then, we will finish the other one in due course and bring that back with the other changes we have to the code. Bird: Thank you. De Weerd: And I believe that, Council, you have seen some of the other suggestions earlier about -- probably about six months ago as we were trying to run our meetings the same with Planning and Zoning and City Council, so that even those that came to testify understood our processes, so that we were consistent and that those Meridian City Council February 1, 2005 Page 8 of 42 suggestions would be, then, integrated into the document that you have in front of you. They are not in there now, all of them. Nary: No. Those suggestions -- you will be -- this is just to fix the one thing. De Weerd: Right. Nary: Then you will receive part of that with the new Planning and Zoning code, we will finish up the public hearing ordinance and it will have significantly more changes and they will all reflect that. We won't put the swearing in back in, but we will make sure we keep it out -- we have changed all of these things, so they are more current and really how you have been running the meetings and that they will be consistent with Planning and Zoning. So, if you want, next week all you will see is what's in front of you. B. Police Department - Chief Musser 1. Update on Doa Adoption Policv and Procedure: De Weerd: Okay. Any further questions? Thank you, Mr. Nary. Okay. Chief, Item B. Musser: Madam Mayor, Members of the Council. The first item I have for you tonight is an update on our dog adoption policy and procedure. I had sent out the paperwork earlier for inclusion in your packets. I don't know if everybody's had a chance to fully review it. However, in terms of disposing of dogs that we have in the pound or that have been impounded by animal control, we were looking for an alternative to just euthanizing the animals. We have worked with the program, pretty much got that volunteer program up and running and noticed that we needed some definite guidelines for an adoption policy. In lieu of trying to run through the whole ordinance format, we relied upon the general language of the ordinance, which says a humane disposal, period, and we have established a policy and guideline, which included adoption as part of that humane disposal. This has been set up so that our volunteers and our animal control officers have a guideline to be able to follow and we will put forth rules and procedures for us to adhere to with the dog adoption program. At this time what I was requesting, if this looks good, or if there are no significant issues or questions or problems with it, is to have it placed on Consent Agenda for a resolution next week, with this Council's approval, we could move forward with this, then, becoming our policy and procedure for the dog adoption program. I did talk to my liaison Councilman Wardle. He had one question in particular about the spade and neuter issues with our area vets and the Idaho Humane Society. Those agreements have yet to be finalized. However, when we do have those in place and in writing, they will be presented to the city attorney and brought forth for this Council to review at that time as well, before we enact any type of actual fee charging. Other than that, we are working on a standard five working day concept, which is pursuant to the ordinance, before we can dispose of any dog. They will have to be reviewed for compatibility. We will also note whether or not there is any type of major medical malady or problem with the animal prior to releasing it for adoption and, as well as that, potential adopters will have to complete an animal Meridian City Council February 1, 2005 Page 9 of 42 adoption application and agreement and sign a waiver with the City of Meridian. All of those forms, as well as a policy and procedure, have been reviewed by the city attorney's office at this time and I would stand for any questions on that De Weerd: Chief, I guess my only comment is in the policy it mentions the five working days and in the procedures it says a minimum of five. Can we also include the term minimum up in the policy as well? As a minimum of five working days? Musser: Well, I believe the policy language we had for those that remain unclaimed after five working days, is basically a reflection of the city ordinance itself. And, then, we put the minimum in in terms of procedure, so that we have to have at least that in order for the employees to follow it and have it I can understand a wee bit of the confusion there on the language, but when we are looking at after five working days in the policy, we are stating it has to be at least the sixth working day before we do anything with the dog and if you want the language cleaned up, I guess we could go ahead and do that I didn't see where we had that much of an issue on it, though. De Weerd: I guess just to make it consistent Musser: Okay. De Weerd: Okay. Any questions on this item, Council? Bird: I have none, Mayor. De Weerd: So, Council, are you okay to bring it forward? Donnell: Yes. Bring it forward. Rountree: That would be good. Bird: It would be my desire. De Weerd: Chief, while we are on dogs, where are we at with the vicious dog ordinance? Musser: There has been some communication between our Boise City Attorney representing criminal -- the criminal contract with the City of Meridian and with our City Attorney Bill Nary. I think that we are just starting through the process, if I understand it, to kind of review that and get that back on track. It was side-railed just a wee bit due to pregnancy issues with our contracting agencies. Maybe our attorney could answer that a little bit more specifically. De Weerd: Mr. Nary. Meridian City Council February 1, 2005 Page 10 of 42 Nary: Well, I don't know if I can answer that more specifically. Madam Mayor, Members of the Council, the last contact I had with Mrs. Tate before she left on maternity leave, she sent me what information she had. She had sent -- that she still had available. She had sent most of her information to Mr. Nichols back in probably the end of the summer, August, something in that time period. August. September. I did contact Mr. Nichols and he didn't have any other information than what I already had. So, they don't -- they didn't have any draft of any possible ordinance. So, I think we can probably put something together. There is a lot of available material out there and it won't take very long to do that. She just -- she just tried to send me the bulk of the information she could gather and that was probably in November, because I think she left on maternity leave the first part of December. So, we are working through that. I just don't have -- I don't have anything to put in front of you right now, but I think we should probably have something done on that fairly shortly, so -- that I can at least get back to the chief for his comments, so - 2. Discussion of County-wide Geo-Cast Communicator System: De Weerd: If we can put some priority to this. I know it's been an issue and there has been something more recent come up. It would be nice to have this in place. Okay. Item NO.2. Musser: Item No.2, Madam Mayor, Members of the Council, is a Geo-Cast communicator system that's currently in place over in Boise with their crime prevention unit. I received information from Curt Crum, who coordinates and heads up that unit, that they have a computer that's in place, they have upgraded it through a grant for current hardware and for new phone lines and to bring it basically the state of the art and what this Geo-Cast communicator does -- this is an automatic calling type of computer system that activates a geographic area, be it Meridian, Eagle, certain locales within Boise or the entire county and we can activate it to call all listed telephone numbers and make notifications to people on crime issues that we may have in an area, alert them to potential hazards that may be occurring in their area and even on notifications of missing juveniles. It's a crime prevention item that they have been using over in Boise for approximately the last year and have found it to be very beneficial. We would like to piggyback on this with them. There are some costs to us, though. We got out of the majority of them, because of the grant. However, it will cost approximately 10,000 dollars a year to maintain 12 dedicated phone lines at approximately 6,000 dollars for those 12 phones lines and, then, 3,900 dollars in an annual service agreement and data updates for the software. That 10,000 dollars is being proposed to be split four ways and it's my understanding at this time that Garden City, Ada County, and Boise have already agreed that they will share their ends of it. Our part of that would be approximately 2,500 dollars per year. I would like to receive approval and the okay from this Council to be able to move forward on this. I do have money available in the budget at this time. However, it may need a year-end amendment as we get to the tail end of it. I do have a budget line with at least 14,000 dollars that hasn't been dedicated out from professional services at this point and if we can make that amendment at the end of the year and move forward on this, I would also like to be able Meridian City Council February 1,2005 Page 11 of 42 to see us include this in our base operating costs as we move forward in the 2006 budget year as well. De Weerd: Thank you, chief. Mr. Wardle. Wardle: Madam Mayor, when the chief brought this forward for my review and discussion, my first indication was that this was a fantastic idea and certainly something that's worked well within the community of Boise and for us to be able to participate in this to keep our citizens safer and better informed for the cost of 2,500 dollars, I certainly agree, especially since it's in the budget and believe that it should be added to the base budget, obviously, in support of the continuing grant. De Weerd: And there is no but? Wardle: No. De Weerd: Thank you. Rountree: How about a motion? Bird: Yeah. Was that a motion? Donnell: Just one question, Madam Mayor. De Weerd: Yes, Mrs. Donnell. Donnell: Chief, does this require -- I heard you say the additional 12 phone lines; is that right? That we would have -- the subscription amount of 2,500 dollars is for the software? Musser: The overall cost that we have on that, Councilwoman Donnell, is a total of 10,000 dollars, which we would be paying a portion of the 12 lines. There is already 12 lines in and operating over at Boise. It's through a T-1 trunk, so we would just be paying a portion of that in order to main it. That's probably the most expensive portion of this whole thing. And, then, the annual service agreement and data updates for the software and the computer is the other 3,900. So, in total, we are looking at just under 10,000 dollars, of which we would be paying 2,500. Donnell: And a follow up, please? And does this require any personnel cost? Musser: At this time -- Donnell: Does someone man those 12 phone lines? It's just -- it's an automatic calling system that just goes out? Meridian City Council February 1, 2005 Page 12 of 42 Musser: This is a fully automated system. The only thing that they have is somebody has to go down and activate it and, then, be able to turn it off and, then, also program that in. However, that's done through the crime prevention unit over at Boise city. So, they provide those personnel costs. Donnell: Great. Thank you. De Weerd: Okay. Thank you, chief. Do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we authorize the expenditure towards the Geo-Cast system and direct the department to add this to their base budget for next fiscal year. Donnell: Second. De Weerd: Okay. The motion is to approve the request of Item B-2. Is there any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. 3. Discussion of K-9 Replacement Plan for Tiko: De Weerd: Okay. Item three. Musser: Madam Mayor, Members of the Council, item three is a proposal for a K-9 replacement plan and what I was looking for is some direction at this time from the Council. As you know, we have three K-9s, the oldest being Tiko, who we purchased for just a little over 5,000 dollars a number of years ago. He is now approximately eight and a half years old. We feel that he probably only has another viable year and a half to two years of services as a police K-9 at this point. One of the nice things about Tiko, though, is his disposition and oftentimes that's one of the key factors we are looking at when we are looking at police K-9s, is their ability to know when they are supposed to be working and when they are not. And our proposal at this point is to breed Tiko, who is fully capable, with another Malinois from the eastern part of the state, so we can obtain a puppy for puppy raising during this next year and a half to two years and that dog could, potentially, replace Tiko at a very minimal cost to the city. And as an example of where we are at, as I say, Tiko has tried and Dutch is originally one of his pups and we have him on the force working, too, so -- and he's been a very good K-9 at this point and continues to improve, but we found this might be one of the better ways to be able to keep our K-9 force moving forward. We do have a commitment from Corporal Stokes to continue to do the puppy raising. He is Tiko's handler now and that wouldn't cost us any additional money in terms of where he's at now with his K-9 pay. However, what it would cost is probably some additional medical costs and related dog Meridian City Council February 1, 2005 Page 13 of 42 food costs, but we can adjust that in terms of an enhancement for the 2006 budget, if this proposal is something Council would like us to pursue. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I wholeheartedly agree with it, chief. I think let's get her going. And let's hope that -- make sure the mother has got the nice disposition that Tiko does. He's -- that's the best thing we did was getting him for our first police dog, after the experience we had back in the '70s with our two police dogs that we had. Tiko is a pet until you tell him to go to work and, then, he's a dog. De Weerd: Chief, do you have a budget number on that? Musser: I don't have a budget number that was associated with what Lieutenant Lavey passed on to me. However, we should be able to accommodate costs within our current budget at this point, because most of our costs should be fairly minimal. We were looking at some time the mid portion of this month before this process can even take place and, then, of course, it will be a number of weeks before we have a puppy available and, then, that puppy won't be viable for us to take out of the litter and we will have the pick of a male pup. So, that will probably be at least another six weeks before that pup would come in, which moves us pretty close to the tail end of our budget year. But I will place an enhancement for any other expected costs that we will be looking at as we move forward into the 2006 budget. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And I echo Councilman Bird's sentiment to get this going. The chief brought this forward -- as not really as a budget amendment, just as a -- more of permission from the Council to proceed this direction with the process as described to and to add another K-9 to our K-9 unit. De Weerd: Thank you for the clarification. Wardle: It took me awhile to understand it. De Weerd: Okay. Thank you, chief. Musser: Thank you, Madam Mayor. Meridian City Council February 1, 2005 Page 14 of 42 Item 8: Tabled from January 25, 2005: FP 04~084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 10.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacle Engineers, Inc. - 5995 North Jericho Road: De Weerd: Now you see why I skipped this item. Okay. We will get back to Item NO.8. I would entertain a motion to table this item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we table Item NO.8. FP 04-084, until February 8th, 2005, as per applicant's request. Rountree: Second. De Weerd: Okay. The motion is to table Item 8 to February 8th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: FP 05-003 Request for Final Plat approval of 20 single-family residential building lots and 1 common lot on 5.27 acres in an R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: De Weerd: Item 9 is FP 05-003. Welcome, Brad. Hawkins-Clark: Thank you. De Weerd: Nice to see you. I will open with your comments. Hawkins-Clark: Thank you, Mayor, Members of the Council. This final plat is for Packard Acres Subdivision NO.3. At this point this would be the final portion of Packard. The preliminary plat was approved by the City Council several months ago. It's the five acres that is on the west side of Wingate Lane and they are now coming in for their final plat. On the screen is their final plat application, which does substantially conform to the preliminary plat. As you may recall, Wingate Lane -- originally they had some open space here on Wingate, they have moved that over to Devlon Avenue. They will provide a six-foot cedar fence along Wingate. The final plat includes the conditions regarding these lots not having any gates onto Wingate, as well as, of course, the preliminary plat condition that dealt with a gate on Wingate. There was an 8,000 dollar agreement that the Council asked for to be between the developer of this subdivision and the homeowners association and the lane -- the lane association. Meridian City Council February 1, 2005 Page 15 of 42 That's, of course, a part of the preliminary plat. So, staff is recommending approval of the final plat. De Weerd: Thank you, Brad. Have you heard from the applicant? Are they in agreement with all the conditions? Hawkins-Clark: I have not received anything -- they are here in the audience. De Weerd: Okay. Does the applicant have anything? Is the applicant in agreement with this staff report? Okay. So, the applicant does agree. And unless Council has any questions for him, I believe he probably is good not coming and talking. Okay. Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no other comments, I move that we approve Item No.9, FP 05-003, final-plat for Packard Acres Subdivision NO.3. Donnell: Second. De Weerd: Okay. The motion is to approve Item No.9. Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 10: FP 05-001 Request for Final Plat approval of 11 commercial building lots and 1 other lot on 14 acres in a C-G zone for Soarrowhawk Subdivision No.2 by David Waldron - northeast corner of Franklin Road and Nola Road: De Weerd: Thank you. You almost got me on that one. Okay. Item 10 is FP 05-001. Start with staff comments. Hawkins-Clark: Thank you, Madam Member, Members of the Council. Sparrowhawk Subdivision is located here on the north side of Franklin. The subdivision includes right now -- the main portion that the applicant, Mr. Waldron, is proposing to develop is the eastern portion. At this point in time they don't have development intentions that have been given to the city for the eastern portion. The Foothill Apartments, as you may Meridian City Council February 1, 2005 Page 16 of 42 recall, are on the acreage that's here at the east end and so this plat encompasses basically the rest of what originally came through as Sparrowhawk Subdivision. As [ mentioned, this eastern half that has these triangular shaped lots is the portion that they are intending to provide the sewer and water stubs to. They have, on the face of the plat, a sanitary restriction from the Central District Health Department that is -- would have to be lifted later on for lots one here on the corner of Nola and Franklin, two, three, and four. That is a process that normally the Council doesn't get involved in, but Central District Health would have to -- would have to lift the sanitary restriction, of course, before they did that, but I think other than that, staff found that the application was in compliance with the preliminary plat -- or in conformance. I'm sorry. We did -- staff did receive a phone call from Mr. Waldron today. He said that he was in agreement with the report as you have it in your files, but that he was not planning to attend, but he did tell us that he was in agreement. I don't know if he had anyone else representing him here tonight, but -- De Weerd: Okay. Thank you, Brad. If the applicant is -- well, the applicant has indicated agreement with the staff conditions. Council, do you have any questions for staff? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 10, FP 05-001, Sparrowhawk Subdivision, subject to staff comments. Bird: Second. De Weerd: Okay. The motion is to approve Item No. 10. Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: FP 05-002 Request for Final Plat approval of 83 single family residential building lots and 5 common lots on 25.86 acres in a R-4 zone for Milliron Subdivision by Dyver Development, LLC - northeast corner of North Black Cat Road and West Cherry Lane: De Weerd: Okay. Item 11 is FP 05-002. Start with staff comments. Hawkins-Clark: Thank you. Milliron Subdivision. This is the final plat for the acreage here at the northeast corner of Black Cat and Cherry and they have -- they are coming in with the full subdivision right now. It's a single-phase project. As you may recall, most of the testimony. during the preliminary plat was from Golf View Estates Meridian City Council February 1,2005 Page 17 of42 homeowners association regarding the fencing and the pathway and landscaping in the rear yards that are adjacent to Golf View. And they have -- the majority of those agreements that Mr. Amar made with the homeowners association of Golf View were to be included in their CC&Rs, so they will not be something that the city enforces, but they -- there is a condition in the final plat that says he's responsible to make sure that those are done, that they get into the CC&Rs. The final plat does show -- reflect the changes that we had asked for, including the main one that was the item of discussion at P&Z Commission and that's the new access road to Cherry, which was not a part of their original plan. But, otherwise, I don't think there was any outstanding issues. We did not receive any written response, to my knowledge, to the staff's recommended conditions, but we are recommending approval of it. De Weerd: Thank you, Brad. Is the applicant here tonight? Do you have any comments? Do you agree with -- okay. Council, any questions? Bird: I have none, Mayor. De Weerd: I am amazed at the speed of bringing back the final plat. Donnell: So, Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we approve the final plat, Item No. 11, FP 05- 002, Milliron Subdivision. Bird: Second. De Weerd: Okay. The motion is to approve Item 11. Ms. Green, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. We are at the public hearing portion of our agenda. Per our ordinance -- that will be changed next week -- we are required to swear in those that would like to provide testimony on Items 12, 13, 14 or 15. If you plan on provid ing testimony, if you will, please, raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, answer I will. (Affirmative answers.) Item 12: Public Hearing: AZ 04-029 Request for an Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners - 985 East Freeway Drive: Meridian City Council February 1,2005 Page 18 of 42 De Weerd: Just to give Council relief from me having to do that, the sooner the better. Okay. Item No. 12. I will open this public hearing on AZ 04-029, with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This application is just for annexation and zoning. There is no other development applications associated with it tonight. The property is on the north side of Freeway Drive, I believe is the name of it. It's, yeah, off of Eagle Road, 1-84 interchange. The property is this L-shaped lot here that does have frontage on Well Street on the west and, then, the freeway on the south. The lot is within amended Magic View Subdivision. All of this area on the inside of Wells and Magic View and Allen was designated on the Comprehensive Plan in 2002 as commercial. As you can see, most of it is coming in at the C-G, general commercial zoning. This is the Hampton Inn hotel at the corner and, then, two vacant lots behind that and, then, Hubble Homes and other tenants are in a building located here and, then, some other medical facilities north of that. And, then, the Comfort Inn Suites is this triangular shaped piece here. So, as you can see, it's rapidly developing in there and what they have come to the city with is a request to annex and zone to C-G with a - - there is a concept plan that they submitted, as you have seen in other annexations, essentially, we have been asking for that at staff level to demonstrate what might be their intentions for development at this point in time, even though we recognize that may change. So, the Planning and Zoning Commission reviewed the application. Mr. Dave Bohecker testified at that meeting in favor of it as the applicant's representative. There was no opposition at that hearing. One of the conditions that the Planning and Zoning Commission asked to be placed on this project dealt with the legal description. One of staffs original recommendations -- as you can see, there is a fairly natural breaking point in their concept here and regardless of whether or not these uses come in as proposed, they will need to deal with this sort of choke point, if you will, in the parcel. They are tentatively showing a hotel down here off of Freeway Drive and, then, three office buildings and, then, multi-family housing up here. The multi-family housing component would not be allowed in the C-G zone, so Craig Hood, who did the staff report on this, recommended that the Commission make that L-O, limited office, which would allow for office in the future, but it would also allow for multi-family with a Conditional Use Permit. So, they did agree with that. We did receive a revised legal description, which is shown here. So, there is two different zones that we currently have in the application. If you approve this tonight, you would be approving this northern half to a limited office and, then, this southern half to a C-G and that change is actually not delineated in Exhibit A of the recommendations, so if you agree with that, if -- basically, if you could just instruct staff to go ahead and make that change. I think the only thing I'd point out is that we did -- we did recommend a development agreement that entered into between the property owner and the City of Meridian and some of those conditions that would go in a development agreement are outlined in the recommendation to you. The Five Mile Creek is here and -- the western portion of that and we do have in our Comprehensive Plan a regional pathway that it follows the creek. Right now up here to the north and west Woodbridge Subdivision has stubbed the pathway that they have going through their project. There is a little bit of a break because of Locust View Heights, which is a county one acre subdivision that we would Meridian City Council February 1,2005 Page 19 of 42 have to -- the parks department at some point in the future, would need to gain access through that to continue the path, but, then, it would -- it would follow this -- the Five Mile Creek through this path. So, some of those -- a few other items in the development agreement are outlined in there. I don't think I need to highlight those, but -- and unless you have any questions, I think that summarizes where the recommendation is. De Weerd: Okay. Council, any questions for staff at this time? Bird: I have none, Mayor. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Brad, you mentioned that multi-family housing is a conditional use within an L- Ozone? Hawkins-Clark: Correct. Wardle: Okay. Thank you. De Weerd: Okay. Is the applicant here this evening? Do you want to provide testimony? Okay. Council, do you have any questions for the applicant at this time? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Is there anyone else who would like to provide testimony on this application? Okay. Brad, I guess I have a question as -- I know it's not a written policy, but prior Councils have not liked to have seen annexation requests come forward without plats. Was that discussed at the Planning and Zoning meeting? Hawkins-Clark: I don't believe that very issue was, Mayor, as far as whether or not there would be a plat. I think there is a little bit of a time issue here in terms of them wanting to get the land annexed, so it may be a bit more marketable to a potential client, knowing that the land is in the city limits. But, clearly, if they choose to want to break off this parcel into sellable lots, we would see that come back before us as a public hearing. De Weerd: Yes, because we have had one other experience where we have annexed and not had a plat with us and we don't like to repeat things. That was an awkward application to have come back. Okay. Council, do you have any-- Bird: I have no questions. Meridian City Council February 1, 2005 Page 20 of 42 Rountree: I have no questions. De Weerd: Okay. Well, if there is no further testimony or information needed, I would entertain a motion to close the Public Hearing. Bird: So moved. Rountree: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item No. 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion or a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no discussion, I'll attempt to make a motion here. I move that we approve AZ 04-029, the request for annexation and zoning of Cottonwood Lane, that we have a development agreement, the northern part is zoned L-O, the south C-G, and to incorporate all staff comments and P&Z comments. Rountree: I'll second. De Weerd: Okay. The motion is to approve Item No. 12 with the amendments as stated. If there is no further discussion, Mrs. Green, would you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: VAR 04-007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new signage for a movie theater for Maiestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: De Weerd: Thank you. Okay. Item 13 is a Public Hearing on VAR 04-007. I will open this Public Hearing with staff comments. Hawkins-Clark: Thank you, Madam Mayor, Members of the Council. This application is, actually, for a structure that's currently under construction, the Majestic Cinemas building on the north side of Overland Road off of 1-84, in between Eagle Road and Locust Grove. The building itself has already been issued a certificate of zoning Meridian City Council February 1, 2005 Page 21 of 42 compliance by our department and a building permit through the building department. In discussions with the Planning and Zoning Department about the signs for the site, the applicant, Mr. Ray Hallett, raised a question about how some of the signs that are traditionally included with cinemas would fit with our code and there was a few areas of our ordinance which didn't meet his intentions. So, he has submitted this application, which, actually, is requesting a variance to four different subsections of our sign code. And that's -- even though it's one application, it does include four different areas and those were outlined in both his application, as well as our staff report. The property -- and, actually, the next item on your agenda is this same area, the Boise Valley Commons preliminary plat includes this site that you see, which the theater sits on and, then, extends over here to the east a little bit as well. Here is a site plan that gives you a little better idea of the building's orientation. The facade facing east and, then, all of the parking located east of that. There is a 50-foot wide landscape buffer on the north side of the building on -- from the 1-84 right of way line south. It's a 50-foot wide landscaped area. ACHD does have a storm-water easement that is for up here in this -- the northeast portion of the project. This is the elevation of the building. Just to kind of give you a little bit of a sense for the area that the marquis signs and wall sign that are the subject of this application are at. So, as you can see, it's focused largely in this central entry area for them. The application -- here is a blow up of that that was included with their application and the four areas that they are asking for a variance tonight -- the first one has to do with the manual reader boards and our ordinance say that if you take a wall sign up, up to 50 percent of that area of that wall sign can be used for a manual reader board. They are, obviously, asking for more than that. Now, they would be eligible for -- including this much reader board area, but the way that our ordinance is written, they would have to have other wall signs that make it larger. So, they are asking to, basically, have a higher percentage of their wall signs be a manual reader board, so -- that's the first request. The second one they are asking for is that wall signs -- that the entry spire of the wall sign be allowed to extend up to 49 feet in height. As you can see, it's sort of a triangular shape and they are proposing that the word Majestic be on this wall sign, which is mounted to their facade. The sign ordinance says that wall signs should not extend above a roofline. That is, in part, because of building code and wind load issues potential there. It's also -- most of the wall signs I think that the jurisdictions have dealt with are more horizontal in nature and not vertical like this. So, they are asking for that height exception. The third subsection that they are asking for a variance for is 11-14-9-F-4, which is the illumination signs are prohibited on wall signs, basically, meaning that the direct -- the source of the illumination should not be visible to the public. The exposed neon tubes that they are asking for would violate that and so they are asking for that to be waived. And, then, the fourth area that they are asking for in their application deals with the flashing neon, which is generally in this area of the sign and I think Mr. Hallett will be able to go into a little bit more detail for you, so you can get a better idea of these. But we reviewed this and, as you know, most of the time staff we -- the required findings that we need to make and that the Council must make are pretty restrictive for variances and usually for good reason. We have generally recommended denial of variance requests, unless it's just a very clear-cut case that there is a hardship that the applicant does not have any control over. There is a couple of areas that were outlined. The applicant has included Meridian City Council February 1, 2005 Page 22 of 42 some information for us. One is the Americans with Disabilities Act does require theaters, as of many years ago, in the '90s I think it was, to make some adjustments which require some of these structures to be enlarged and there are some requirements that kicks them into some other standards in terms of the height that they need to provide, especially if there are mezzanine or other areas that they need -- that the disabled may need to access. So, the size of the building is one argument that they make. Generally, staff -- we think that there is some pretty good arguments to be made that this is a unique land use for Meridian, in that likely theaters, we won't see more than a few of these when the city builds out, based on most market -- most markets. So, I guess one question for the Council to consider that we posed is are you comfortable looking at this sign issue as one that this is a unique land use that if you say these exceptions can be made for this, are you willing to see them granted in the future for other theater uses. Another question, of course, that's raised is public safety along 1-84 and, of course, Overland Road, which is -- this would also be visible from Overland Road westbound traffic. We generally find that the flashing neon could be a potential distraction, especially for 1-84 westbound traffic, and we are recommending denial of that portion of the variance request. But we would support the others. So, I think with that Mr. Hallett, I think, has more detailed information for you. De Weerd: Okay. Thank you, Brad. Any questions for staff at this point? Bird: I have none, Mayor. Donnell: None. De Weerd: Okay. Thank you. Would the applicant like to come forward? If you will, please, state your name and address. Hallett: My name is Ray Hallett. I live at 3881 Juanita Road, Grandview, Washington. De Weerd: Thank you. Hallett: And just when you guys thought you were going to get by with nobody wanting to give testimony tonight, here I am. Madam Mayor, Council Members, thank you for considering our variance application. We'd also like to thank staff. We were really pleasantly surprised to see that they were in concurrence on three of four requests and he mentioned that's rare and I think that was very helpful to us, so on that basis I'm not going to spend a lot of time talking about the things that the staff is in concurrence on, but I will touch on them briefly. The reader board's an obvious theatrical thing. We change our movies weekly and we need to be able to have changeable letters. For us, double the amount of area with -- we have got to say Majestic, Majestic, Majestic, Majestic every other section, so we think that in this particular instance that the intent of the code is to make sure that you don't just end up with a big wall blasted with lettering and so we think that we have provided evidence that you would have the ability to make a finding that that was an allowed exception. Regarding the sign height, if you could go one forward on that for me. This is an artist's rendering and one of three that we have Meridian City Council February 1,2005 Page 23 of 42 from three different sign companies and that's one reason we have applied for the variance, is we want to know what we can actually commission from the sign company before we come back with a sign application. So, we have three companies that have given us proposals. One of them was courteous enough to let us show you their rendering, but it is their proprietary work. The height of this building is 30 feet at the point -- Donnell: There is a pointer right there in front of you I think. Hallett: Okay. Here we go. The 30-foot elevation is this point right here and so if we, in fact, kept the lettering off of this sign -- would you go to the next one, please? We'd have to call the theater the Tic and we thought that the Meridian Tic probably just wasn't as appealing as the Majestic. I'm being facetious, aren't I. At any rate, the remainder of that height -- the remainder of that height we felt is in keeping with the look and feel of a movie theater, because there is more to a movie theater business than just selling wrenches and hammers. So, in keeping with the heights -- we have to remember this is a 550 foot long building and we don't want to be put in a tiny little decoration on top of a -- oh, they are with me. We are going out later. Don't worry about it. We want to make sure that you recognize that a 550-foot long building, if we keep the lettering down to the bottom 30 feet, it's going to be kind of condensed. Harry, you can just go ahead and just have a chair anywhere. He's here to make sure that I put my big foot in my mouth. Also, we'd like to point out to you that this is spacing to the east and that the freeway traffic that's coming from the other direction, the westbound traffic, is over 2,000 feet away from the front of the theater, until the last instant as it goes by. And regarding Overland Road, we are about 450 feet to the property line, to the entrance of the theater, and with the other buildings that are likely to follow shortly, the neon, actually, will be rather difficult to see from Overland Road. So, regarding the signing, I will go into that a lot more. The exposed lighting source is, actually, I think a technicality thing in your code. I think it's actually geared more towards incandescent bulbs, but because we wanted to make sure we really did everything by the numbers here, we did address the fact that this is a direct lighting source, because we intend to use bare tube neon -- not florescent, this is bent tube colored neon within a channel letter and the way the code is written, we would have to cut out a Plexi-glass face and put it on the face of the letter, too, and it's really quite homogenous. We want to keep the theatrical experience alive, because this is going to be a focal point. De Weerd: We can tell. Hallett: We believe really strongly in entertainment. Finally, if you could go back to the first one there for me, Brad. -- is regarding the flashing lights. We ask for a specific amount of light to be able to be flashing and this is a screen grab from the movie Majestic of the same name with Jim Kerry and, actually, it's what made me name the theater Majestic. While I liked Meridian, I thought it rolled well off the tongue, the Majestic Meridian, but also I really like this. I remember the rush I got when I watched this movie when they fired up the neon and that's one of the reasons I'm willing to open my pocket book and put a bunch of neon on this theater, as compared to just plexi-glass Meridian City Council February 1, 2005 Page 24 of 42 reader boards and -- as you might see in some other locations. The amount of neon that we want to flash is equivalent to the amount that you see flashing right there. Roughly 250 lineal feet of bent neon out of 4,000 lineal feet encompassing the entire sign on the front of the building. So, on the grand scheme of things it's not going to be a detriment to the freeway and it certainly will make a much more exciting experience for the little kids when they are coming from the car and they are headed towards the theater, they are not seeing a static building there. We want people to start salivating, we want them wanting that popcorn, we want them to get in their seats and sit down and have the best experience of their life. I'll tell you, I got in the theater business by mistake. I was a department store manager and I escaped to the movies every Friday night and it was terrible. It was so terrible I tried to lure somebody else into Walla Walla, Washington, to build a theater and when they wouldn't build one, they said I'll sell you a projector if you want to build a theater and I did and I did it for the escape, because for that two hours we wanted the customer to be able to come in and see that bigger than life screen, shut out the rest of the world, hopefully no cell phones ring, the dog doesn't bark and nobody comes to the door and you can live that picture during -- as part of your life. And we think that begins in the parking lot. So, we hope that you will find your way to give us this exception. We do think it's an exception that doesn't necessarily have to ripple throughout. On that same vein, I would point out that the Eiffel Tower wasn't wanted in Paris when it was erected, it was going to -- it was supposed to be demolished after ten years and only radio saved it, but where would Paris be today without it? The space needle didn't really fit into Seattle's dreams either, so let's just kind of consider this as maybe a one of a kind thing, if you can find it within your grand scheme. And in closing I would point out that your Comprehensive Plan does give you the latitude to make exceptions to things like this. In fact, you state a goal of not wanting to be a bedroom community and to do that you need to be more than a bedroom community and the neighbor to the east, unnamed neighbor to the east, does have flashing signs in certain situations. Wings is a good example that just went up at Overland and Cole Road, if you want to see an example. A modest amount of moving neon and that's what we are really looking for here, so, hopefully, that answers your questions. De Weerd: I'm sorry, Council. Hallett: He and I are going out later. Don't worry about ET. De Weerd: ET is so cute. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't have a question for Ray, but I do have one for the chief of police. What's this flashing going to -- in your official opinion, what do you think that would do with the interstate, the westbound interstate, being 2,000 feet away? 1-- Meridian City Council February 1,2005 Page 25 of 42 De Weerd: We are asking our Mickey Mouse fan over here. Bird: Yeah. Musser: Madam Mayor, Members of the Council, Councilman Bird, given that we have a number of reader boards currently down at Eagle and the interstate area, even down towards Meridian and 1-84 that are rather bright when they come on, I don't think this would be anymore of a visual hazard than what some of those others are with the brightness that they flash out. As long as we are not running a movie on the front of the large building we will probably be okay and folks will continue to drive somewhat the way they do already, but I really don't think that the -- that the lights would have that much of an impact overall. It will make another visual item that does probably pull some attention that direction, but, obviously, that's part of the reason for the sign board in the first place is to let people know that the theater is there. Bird: Thank you, chief. Thanks, Mayor. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Another thought. When I talked with Brad this afternoon, obviously, that looks a lot less than the wings that are at the airport, so I don't know that it's going to be that distracting, but the concern that staff had -- and I think that part of the reason in the staff's report, the concern about -- about some of these variances is because of trying to balance a unique use that the theater brings to this use, but versus the requirements of the ordinance, and I guess from a legal perspective, my only concern is we have a lot of other property along the freeway that may want to seek this same type of exception and they are going to use this theater as a base to say that they need the same type of signage or they need the same type of neon or flashing and the like and what the Council can certainly do -- and I didn't discuss this with staff, but they can certainly identify those unique uses, like a theater, as exceptions to our sign ordinance, as direction from this Council to try to craft that into our ordinance and as a way that we aren't going to readdress this legal issue over and over again with other businesses, but if the Council feels strongly that there is a uniqueness about this, the staff and -- from Planning and Zoning and our office can certainly work to try to find ways to craft that into our new Planning and Zoning ordinance, so that it can remain unique and we aren't granting an exception that we are going to have to address time and again. De Weerd: Thank you, Mr. Nary. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Nary -- can I ask Mr. Nary? Meridian City Council February 1, 2005 Page 26 of 42 De Weerd: Uh-huh. Bird: Mr. Nary, if we, in passing this, was to state that this was a one time for this application only until we get that changed, would that -- would that clear us in not setting a precedent? Nary: Madam Mayor, Members of the Council, Councilman Bird, I mean it is a variance that they're requesting, so I -- that's being requested and if you grant that -- I mean every application is still unique. My only concern is is that, you know, someone else is going to come along and say, well, we are unique as well. I don't think whether you put it in this as a one-time thing -- all variances are one-time things anyway. So, I don't think that's probably necessary. I just think if we can figure out a way for both Planning and Zoning and my office to craft that uniqueness into our code, we can probably figure something out. I certainly think that this is not something that hasn't been addressed in other communities as well and I agree with Mr. Hawkins-Clark, that realistically in the nature of the movie business, you know, we aren't going to see a tremendous amount of other theaters in our city, even at build out, but if we want to identify that unique type of use and the signs that go along with it, we can certainly do that. De Weerd: And I'm sure you probably won't see too many unique theaters on the freeway, so you can even narrow it down further. Any other questions? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Not a question of the applicant, but a question for the Council, and that is that when the theater was approved for that -- I mean that was approved in terms of its use, it seems that the understanding would be that they would want to have it look like most all other theaters that I can think of in this area that are probably bigger and more brightly lit than even this one may be. So, I guess my thinking is that if that is -- was the intent of the Council prior to me getting on that, this was an appropriate use for that piece of land, then, I think it also ought to be allowed to also have the same kind of marketing features that other theaters do. Just a comment. Thank you. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And just to address that, this specific application as a building didn't come before the Council, it was an allowed use within the zone. It came for a one time lot split and so we didn't see building elevations and this is the first opportunity we have had to see those building elevations. I'll justice toss my personal sentiment out. I can Meridian City Council February 1, 2005 Page 27 of 42 make pretty much the same findings that the staff can make. I can make -- I understand the need for the reader board and the need not to -- to include other signage included in that to make the neon -- the exposed neon versus covering it with a Plexi-glass. Personally, I think it looks good. The height restriction, the building's already there, I just can't make the stretch to allow the flashing sign and so my -- there are a number of issues for me, safety being not the most important of those, but also a precedence setting. So, those are my thoughts. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'll give you my -- I'll give you my thoughts. I -- after the chiefs expert opinion and having flashing lights across the street at the Eagle deal, I don't see any problems with them. You're not -- I don't believe, other than theaters, like their competitors, and they -- of course, none of them face a road, their entryways don't face a road, but I don't see any objection -- I'm one Councilman that don't see any objection to this. I don't think it's going to affect the traffic. I think it's something that at their location that they definitely need. So, I would have to be in favor of all four variances. De Weerd: Okay. Hallett: Is your public hearing still open? De Weerd: Yes, it is. Hallett: Shaun, I'd just like to point out to you that one thing is that this sign actually won't face the freeway and so you might be able to wrap yourself around that a little better if you consider it more like the Universal Studios city walk environment or a more internal function, that this is actually -- you know, if we had built four theaters here, all facing a giant central parking lot, your ordinance still doesn't allow flashing light, even if it's not visible anywhere off the property. So, it might be that you want to consider -- if you're making modifications to the code in the future, that, you know, some signs that could be considered exterior signs wouldn't necessarily be as in your face as if we had turned this right to the freeway, for example, or if we were putting the flashing neon on the freeway on a building, which we are not. And we certainly welcome if you wanted to put a restriction on there that the -- any flashing portion had to be confined to the main entrance and within that main entrance part. We are not out to try and trick anybody, but -- it might help you with that anyway, to just think about a -- if you have been to Universal Studios city walk or one of those places, they become an environment to themselves and we hope that's what this will become with the restaurants that are likely to come around that will ring the theater, hopefully. Do you have any questions? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Meridian City Council February 1, 2005 Page 28 of 42 Donnell: Since it is right across from Mountain View High School -- isn't that right? Hallett: It's at the end of the road that serves it, yes. Donnell: I could probably -- I could support all four and this is -- I mean all four requests for variances as well, as long as you turn in any high school kids that are going to the theater -- to any kind of matinee -- Hallett: We will be watching for them, okay? De Weerd: Well, I just wanted to make the comment we are glad you heard -- I heard the applicant say the Meridian Majestic, because I see they are in the Boise Valley Commons. Hallett: I think that's changing. You're going to hear about that tonight. De Weerd: Thank you. This is a public hearing. Is there anyone else who would like to provide testimony on this application? ET or Harry or -- Bird: Who is that one out there? The little cute one? De Weerd: Oh, Darth Vader. Bird: No. No. This -- the little cute one here. De Weerd: ET. Bird: That's ET. Well, you guys, it's out of my generation. She is cute. 1-- Donnell: That's a he. De Weerd: Or an it. If there is no further testimony and no additional information from applicant or staff? Hawkins-Clark: Madam Mayor? De Weerd: Yes. Hawkins-Clark: If I could just make one comment on the -- if the Council moves towards approval, I think one option -- I guess we'd like to throw out here -- and this was brought up by the chief as well, is possibly considering a -- having the lights themselves be more subdued -- you know, a cool color, rather than if you just say flashing of any color as you're traveling, sometimes, you know, the brighter, more harsher light colors, if you will, will stand out more than cooler colors that could blend with the parking lot lights or other freeway lights, etc. That's just a thought to consider in terms of the way that the Meridian City Council February 1, 2005 Page 29 of 42 actual coloring of the lights, having, you know, cooler tone to them, rather than bright -- like what is portrayed here, which [ don't think -- you know, our code doesn't regulate on the color, so if it's something that, you know, that you want to add, I think it would need to be discussed as a part of this application. De Weerd: I appreciate that. Mr. Hallett, do you have any comment to that? You would need to come -- Hallett: Because we have three proposals before us in the final design -- Brad, if you want to flip to the end, you will see -- this is one design that would be flashing the Majestic. And this was from a competing company and it might be the gold section there that might go in and out or something. We have three proposals and because we didn't know if Council was even going to consider the flashing, we haven't addressed it, but we are going to do something tasteful and we would take those considerations and certainly not make something that's going to became an annoyance to the people on the freeway. That's -- we don't want to annoy people, we want to make people happy. That's our whole business. De Weerd: I guess I do have a question as to the lighting. What are the hours or-- Hallett: Neon goes off, typically, about 10:30, 11 :00 o'clock at night and comes on at dusk, whenever that happens to be. De Weerd: Okay. Hallett: Parking lot lighting usually stays on until about 1 :00 a.m., but that's a separate - - that's just down-lighting. De Weerd: Okay. So, if they put the stipulation of a cool color, you could operate within that? Hallett: That's a subjective thing. I'm kind of -- you know, it's like somebody saying I like warm and fuzzy. I don't really know what those are. So, if they are saying cool colors as in -- Donnell: Blues and greens. Hallett: Red and greens? Donnell: Blues and greens. Hallett: Blue and greens. Donnell: Are cool colors. Hallett: I see. Meridian City Council February 1, 2005 Page 30 of 42 Donnell: Reds and pinks and -- Hallett: You know, it just depends on how it looks in the overall scheme of things, I guess. I haven't got the colors of the remainder of it nailed down yet. We envision in our other theaters the red and the blue up above is two separate red and blue tubes that end up merging with your eye and making magenta. If you have been by the Nampa theater, they use the same technique. It's a red tube and a blue tube. And that's what we envision the peacock back would be and whatever flashes at the bottom would probably be some complimentary color to that. It might be a different shade of red in a V and, then, I think on the flashing one had pink -- pink and green or something. I just don't want it to look like it's clashing, you know. So, for me to pick those now is kind of awkward. But I can tell you I will give you my word I will use my best efforts to make sure that it's not going to be something that will be an in-your-face color, it will be harmonious with the remainder of the signs. Complimentary? How is that? Blue is a terrible color, because the human eye doesn't like it and if you go look at the Holiday Inn Express tonight, you will see the short wave length, the eye doesn't like it and it makes a real broad thing and causes more glare. So, what -- we avoid the blue by itself for that purpose. But -- I mean we are at your mercy. De Weerd: Thank you. Okay. If there is no further testimony -- Harry or Henry -- what is his name? Harry. Okay. J think he's got an itch that he needs -- if there is no further testimony, we could -- Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we close the Public Hearing. Rountree: Second. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Donnell: And Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we approve the variance request to the sign ordinance V AR 04-007, for all requests, all four of the requests, and we would request that the applicant would work with staff in terms of the colors when they are at a point of choosing colors. Bird: Second. Meridian City Council February 1, 2005 Page 31 of 42 De Weerd: Okay. The motion is to approve the request on Item 13 and, staff, is it appropriate to be more specific on the use or -- Mr. Nary. Nary: Madam Mayor, just -- if the Council wishes to -- in conjunction with this motion, to also direct staff -- Planning and Zoning and legal staff, to work on some ordinance amendments that deals with the particular use of theaters and the signage surrounding the theaters in conjunction with our sign ordinance, that might get away from it being just this one unique time, so -- Donnell: The maker of the motion would agree that that could be added. Bird: Second agrees a hundred percent. De Weerd: Okay. Thank you so much. Okay. The motion is to approve Item 13. Is there any further discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I guess I can agree with most everything that I have heard, but we will establish a precedent and we will legitimize, at least in my mind, the flashing aspect of this sign and we have other signs in the community rather close to this particular location that have been kind of a sore point with the Council and past councils and the community and for that reason I can't -- I can't, in my own mind, see that there is support for a variance for flashing lights. I can see a support for a variance for signage for this establishment, because, certainly, they do need signage to get folks in the mood, if that's, in fact, what signage does. But I can't support a motion for the entire thing. I also support the portion of the motion that directs staff to look at our ordinance and try to resolve some of these issues, but I would not be voting in favor of this particular motion. De Weerd: Thank you, Mr. Rountree. I guess I would offer that the flashing portion of this is far below what happens across the street. Rountree: I don't disagree, but it's there. De Weerd: Okay. Thank you. Mrs. Green, will you call roll. Roll-Call: Bird, yea; Rountree, nay; Wardle, nay; Donnell, yea. De Weerd: Aye. Okay. Motion carried. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE: Meridian City Council February 1,2005 Page 32 of 42 Item 14: Public Hearing: PP 04-042 Request for Preliminary Plat approval of 18 commercial building lots on 33.1 acres in a C-G zone for Boise Vallev Commons by Boise Valley Commons, LLC - 2200 East Overland Road: De Weerd: Item 14 is Public Hearing PP 04-042. I will open the Public Hearing with staff comments. Hawkins-Clark: Thank you, Mayor, Members of the Council. As I mentioned in the last application, this preliminary plat is the same property, generally speaking, 33.1 acres, already annexed and zoned in the city limits. They are proposing to subdivide the property into 18 commercial building lots. As you can see, there is a small little out parcel that's in Ada County today here on Overland Road and the larger parcel and, then, this Y-shaped parcel. So, there are three county parcels and, then, I think, as was noted by Councilman Wardle, there was a one time lot split that was granted for the theater just a couple of months ago. It's not reflected on this map. You can get a little bit of a sense on this aerial for the surrounding uses. Mountain View High School is located here in Resolution Subdivision. Several other buildings are also built and operational today on Overland Road across from this. The plat proposes to extend the two public streets that are in Resolution Subdivision, Millennium and Celebration, into this site and, essentially, create a public street loop. Then, they would also have private driveways, essentially, that have cross-access agreements that would loop around on the north side of the public street through the project in that fashion there. The property is currently serviced with a number of utilities. There are a number of easements on the site, a few of which they are proposing to vacate. Idaho Power has an easement here. As I think I mentioned earlier, ACHD also has an easement that was originally designed, I believe, to handle some Overland Road runoff. They have been -- the applicant has been working with ACHD on that and a potential shifting of where that storage would take place. Speaking of ACHD, their commission did review this application on January 12th and did recommend approval of it. They found approximately 12,000 new vehicle trips would be generated by the site at build out. There are some details in their report about the signals that would be constructed and a little bit of rearranging on the signals that would serve the site and how that would serve pedestrians, et cetera. The Planning and Zoning Commission did recommend approval of the application. There were two people that testified at that hearing, Ray Hallett and Gene Schaffer, both testifying in favor. No other public testimony was provided at that hearing. The main discussion focused on the fire department and their request for private streets and that was largely based on signs and -- and their concern about knowing which building once -- if they get a call, exactly which building -- particularly these ones that do not have public frontage on a street in the back, what their addresses are. So, there would be a - - they have requested if -- if you go with this as proposed, there would be signs -- basically two signs that would have consolidated display of the addresses with, you know, kind of maybe a map kind of directing a driver of an engine, so they know better where to go. And that has been added as site specific condition number 12, those monument signs at both ends of the 30-foot wide access loop. I think that was really the main new condition that the Commission added. I think we have included other Meridian City Council February 1,2005 Page 33 of 42 conditions from -- from the fire and Sanitary Service Company. Standard landscaping easements have been proposed and shown on the plat and, as I mentioned, I think the Planning and Zoning Commission is recommending approval and I was just going to see if there was any other slides to look at, but I guess not. So, I think I will just end staff comments there. De Weerd: Thank you, Brad. Any questions from Council? Bird: I have none, Mayor. De Weerd: Okay. Would the applicant like to come forward? If you will, please, restate your name and address. Hallett: My name is Ray Hallett. I live at 3881 Juanita Road, Grandview, Washington. De Weerd: Thank you. Hallett: I'm one of the co-applicants in this process. I'm general manager of Land Star Northwest, LLC, which owns approximately 14 acres of the 33 acres and my Co- applicant, Kevin Knighton, owns the remainder of the property through an LLC. I believe that staff's report covers most of the issues regarding this. It's fairly straight forward. But we do have one special thing that we need to ask you about today, because we are up against the proverbial rock and hard place. As it now stands, there is a bamboo curtain right here that comes up and across and up this line to right there and up, which allows us to build -- city staff has only allowed to review the water and sewer -- correct me if I'm wrong on this, please, because I'm going to screw this up and get my big foot back here. Only on the theater's portion that will service the theater, so the theater can open three -- three months and two weeks from tonight. Tomorrow night. My mistake. But the water-sewer line extensions and the road extensions and the electrical back bone all have to go in as an integrated package. Kevin and I are sharing these on a prearranged split as part of our purchase agreement. So, there is going to be a dramatic economic waste here if we are not allowed to go ahead and put the electrical and sewer back, which will follow the pointer. It goes up this street, comes to this point, water and sewer lines come up to this point with hydrants and things coming off, comes across the top on the private access easement, back down to here where it stubs to service the property to the east in the future and, then, back out to where it reconnects out here. That gives us water line looping for fire protection and the sewer access to all the parcels. Our problem is that we have all also got a ditch -- an irrigation ditch from the Nampa-Meridian Irrigation which runs currently through the middle of these parcels and meanders across and ends up right there -- right there, which will be rerouted with a new tile pipe as part of the project right here. There is two drain ditches, one which starts here, meanders down that way and went off this way and ended up there, and another one which starts out down the property line in a straight line to about here and, then, meanders across. Those all have to be relocated by March 15th when the irrigation season starts back up again. So, this has put us in the conundrum of if we go in and put in the electrical back bone to service the theater now Meridian City Council February 1, 2005 Page 34 of 42 and service these irrigation issues, then, we are going to have to put water and sewer lines underneath all these electrical feeders that were put in ahead of time. It's not an efficient way to do the construction. So, my special request -- I'm full of requests tonight. Sorry. My special request is that if it's within the Council's power to permit staff to review the electrical utility back bone of the entire site, so that we can mobilize on that -- we are ready to mobilize on it literally tomorrow. We have been standing by just waiting for this hearing to try and get some backing from Council to allow us to get that in there. And staff does not have the authority to do it, only you have the -- apparently the authority to do it. So, as part and parcel of this, I'm hopeful that you will allow us to get that water and sewer line construction started and the two -- three irrigation lines started, because we really are between that rock and a hard place. We are running that entire construction project off of 25 generators, because the electrical power has to come from here and as part of the, quote, Boise Valley Commons project, has to come over to a switch box here, which, then, the theater service would be -- come off and would come up and around and to the back back here. It's more than just the chicken and the egg. And regarding Boise Valley Commons, I believe that the project has officially been renamed to Majestic Marketplace, so Boise Valley Commons is no more. It's Majestic Marketplace. De Weerd: Thank you. Hallett: Still documentation, but -- other than that, I can tell you only that, you know, CSHQA has worked very hard to get all of the ducks in a row and if you thought it was fast to get back the final plat with the one earlier tonight, I hope we are going to be duplicating that, because I'd like to get us back here for that final plat. It really is imperative for the theater's opening that we get all that stuff tied up as quickly as possible and with only six weeks now between the deadline that Nampa-Meridian has set for us to have all the irrigation work done and, then, the underlying sleeving of the water and sewer lines, we really are up against that rock and a hard place. I'll answer any questions you have, if you have any about that. De Weerd: Well, we just hope to have water to put in those ditches. We need some snow. Hallett: I'm sorry, you will have to blame that on my wife, because she's been praying no snow for the last eight weeks because of our construction project, but I told her she can call it off now. De Weerd: Thank you. Council, any questions? Bird I have none. Donnell: None. Wardle: Madam Mayor, the only question I have is of the applicant's request, just to turn to Brad. Meridian City Council February 1,2005 Page 35 of 42 Watson: Madam Mayor and Council-members, Councilman Wardle, I can certainly empathize with Mr. Hallett, I guess much in the same way I have empathized with dozens and dozens of developers over the years. We read a certain section of our ordinance to say that improvements cannot be made until Council approves the final plat and that has been the way it has occurred in the nine years I have been here. So, that's what our staff has told the applicant. The normal process is once a preliminary plat is approved and they submit their final plat application, those plans come with that application and we start review. Normally these days, especially of a project that is this profile, those plans are approved and ready to go out the door to DEQ the day after you approve the final plat. As far as the irrigation is concerned, those plans -- every spring we run into this and we have granted quite a bit of flexibility on tiling those ditches, so that they can meet those deadlines. This is a subject that has come up in the PIG groups. They always want to go to construction prior to final plat. I guess I would be cautious and maybe you need to draft an ordinance that makes this a special exception, along with the signage. If we allow construction of a subdivision prior to your approval, everyone is going to want to do this. I mean everyone wants to do this now. So, it's my interpretation this is an ordinance and would require a variance, but maybe Mr. Nary could speak to that. De Weerd: Mr. Nary. Nary: We had this discussion earlier today, Madam Mayor, Members of the Council, certainly the Council generally has the authority to grant variances for ordinances, but you can't just waive the conditions of the ordinance, and I think that's -- you know, that's a process as well and I understand from at least the testimony of Mr. Hallett given tonight, that the process to even seek a variance to allow that or a waiver of that requires a public hearing, too. So, I don't think time-wise that really a variance is probably the way to go in this particular instance. But I think Mr. Watson is right, that certainly this city and this Council has seen numerous applicants who would like to be able to begin the process prior to final plat approval and I think the staff has worked very hard to shorten those time frames as much as reasonably possible to do that. But I don't think you can waive the conditions of the ordinance without a variance request. De Weerd: Thank you. Any further questions? Okay. Any final comments from the applicant? Or is there any public testimony? Thank you. If you will, please, state your name and address. Schaffer: My name is Gene Schaffer. I work at 250 South 5th in Boise. And I have been sworn in. De Weerd: Thank you. Schaffer: The one item that I did want to mention here, first of all, is in regards to the name of this subdivision. It was as presented Boise Valley Commons. It will be submitted as a final plat under the name Destination Place Subdivision, which has been Meridian City Council February 1, 2005 Page 36 of 42 approved by the county. The marketing name will be Majestic Marketplace. That will be the branding, so that people really recognize it. But it technically will be submitted to you as Destination Place. I would like to basically just address part of Ray Hallett's request and that is in regards to the ability to review the documents. We do have them complete and can provide them tomorrow to the city for review, having preliminary comments incorporated already. They would be able to go in and at least give the developers the opportunity to be able to have the project bid and be able to put in whatever necessary improvements that need to be put in for the theater. The big issue that everybody has right now is just the question of is there a methodology where the developers could, in fact, put up a letter of credit or something like this, which might be able to protect the city in regards to the improvements that they might be able to put in ahead of time that would protect the Council relative to any construction going on prior to the final plat. If we wait on final plat, I would believe that the process is going to be six to seven weeks out -- something like six to eight weeks is probably what I'm thinking before the final plat can be approved and a lot of the work and the time frame necessary would be gone and it's not that we are asking the Council to approve the work or approve the documents, but rather to just allow us the opportunity to work with staff to verify that we are providing what they are requesting, so that the developers can take the gamble themselves, if you will, but if they go ahead with any construction, that it must, in the end, be constructed per the final plat requirements. Thank you. De Weerd: Okay. Any questions, Council? Bird: I have none, Mayor. De Weerd: Okay. Is there any further testimony? Okay. Mr. Wardle? Wardle: Madam Mayor, just a question for Brad and the applicant's comments. They are asking for a review, not approval -- or maybe just a cursory review. Is that -- is that something that's outside the scope of what we can allow? Watson: Mayor, Council-members, Council-member Wardle, as I stated previously, those plans could be turned loose the day after you approve the final plat, whether we accept them now or in two weeks with their final plat application or whenever they propose to approve it. I can 99 percent guarantee they will have a letter from me the day after final plat approval. So, I guess if you want us to accept these plans now, it's with the understanding that we reallocate a staff member from projects that are following the correct order for the next couple weeks, rather than -- and that's fine, I'll do whatever your direct me to do, but that letter that I write to DEQ that approves that project that allows DEQ to begin review is going out the same day regardless, no matter when we accept them, so -- Wardle: Thank you, Brad. De Weerd: Thank you. Any further questions? Meridian City Council February 1, 2005 Page 37 of 42 Bird: I have none, Mayor. De Weerd: Any last comment from the applicant? I think they call it rebuttal. Hallett: Or a question, because now J guess I'm confused. I heard that tonight you had a plat that went from preliminary to final in three weeks; the one that you said had gone through so quickly. And I just heard Mr. Schaffer say that ours is likely to take six weeks and I guess my question is did I miss something? Is it possible that, for example, if we turn in our documents tomorrow, are we actually starting a six week or eight week process or is it literally something that could happen as short as three weeks? Hawkins-Clark: Mayor, Council-members, the Planning and Zoning Department is the one that accepts final plat applications. We have been directed to put them on a City Council agenda, assuming they are complete per the checklist, three weeks from when we deem them complete. If Mr. Schaffer -- I'm not sure what the six weeks was referring to. I mean that's normal that once we get an application it is three weeks to when it will be on a City Council agenda. I think one difference is that we normally have two weeks from -- if you close this hearing tonight and you recommend that staff prepare findings, you know, that's normally two weeks before that's on your next Consent Agenda. So, if -- you know, maybe that's a time frame that you -- we do probably have more flexibility within our department than Public Works does in their review, that we could, if directed, rather than wait until the findings are adopted, you direct us to allow them to process the final plat application before findings are adopted and I guess maybe that's -- Hallett: Then, conceivably, we could be back here in three weeks, conceivably. Assuming our documentation is already to come in tomorrow morning, if that was possible. I'm just saying it's possible. I just wanted to make sure I understood, because I got mixed signals there. Thank you. De Weerd: Okay. Council, [ would entertain a motion. Rountree: Madam Mayor, I move we close the Public Hearing on Item 14. Bird: Second. De Weerd: Okay. The motion is to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council February 1, 2005 Page 38 of 42 Rountree: I move that we approve Item No. 14 for the preliminary plat for PP 04-042, subject to staff comments and not directing staff to go against current ordinances, but to assist the applicant in the process to see if there are ways to expedite to getting the final plat back to the Council in a not unrealistic period of time, but one that's doable. Wardle: Second. De Weerd: That's an interesting motion. Rountree: Six weeks might be doable. I'll leave it to staff. De Weerd: Okay. The motion before you is to approve Item 14. Is there any further discussion or clarification needed? Staff, do we understand what that motion said? Okay. Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: And I'm sure the applicant understands what that motion said. Rountree: It could be three weeks or six week. Item 15: Public Hearing: VAR 05-001 Request for a Variance for a time extension for the approved Conditional Use Permit for Stonebridqe Business Park by Falash & Ross Construction, Inc. - 150 South Adkins Way: De Weerd: Okay. Thank you. Okay. Item 15 has a request in front of you to -- I believe it has been withdrawn. Mr. Nary, do I need a motion on this? Nary: Madam Mayor, I think the staff report indicated that they probably should not have accepted this particular request and so since it's not properly before you, I don't know that there is really a necessity to do anything else with it, so -- De Weerd: Okay. Rountree: It's withdrawn. Item 16: Water, Sewer, & Trash Delinquencies: De Weerd: Okay. Okay. We will go ahead and move to our delinquency turnoff list. It's shortened. Meridian City Council February 1, 2005 Page 39 of 42 Nary: Madam Mayor, Members of the Council, it was actually not compliant with the Meridian City Code. This particular version is compliant with the Meridian City Code, so De Weerd: Well, thank you. Pursuant to Meridian City Code 9-1-2-1, delinquent water users shall have a right to request a pre-termination hearing prior to water service being disconnected. No water users having requested such pre-termination hearing for February 1 st, 2005, water service for the attached turnoff list will be terminated on February 2nd, 2005. The total amount of the turnoff list is $35,955.23. Council, do I have a motion to approve the turnoff list? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the turnoff for February 2nd, 2005, in the amount of $35,955.23. Rountree: Second. De Weerd: The motion is to approve the turnoff list. Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 17: Ordinance No. 05-1129 AZ 04-019 REVISED Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: Item 18: Ordinance No. 05-1130 AZ 04-030 Request for Annexation and Zoning of 1.8 acres from RUT to a C-G zone for Southern SorinCls No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: De Weerd: Thank you. Okay. I would go ahead and ask the Deputy City Clerk to read Ordinance 05-1129 and 05-1130, representing Item 17 and 18 by title only. Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1129, an Ordinance AZ 04-019, aka Ventana Subdivision, for property located as described in Attachment A of this ordinance and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands as R-8, medium density, in the Meridian City Meridian City Council February 1, 2005 Page 40 of 42 Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Green: Ordinance No. 05-1130, an Ordinance AZ 04-030, aka Southern Springs No.3, for property located as described in Attachment A of this ordinance and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands as C-G, general retail and commercial, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you, Ms. Green. You have heard these ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Hearing none, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Ordinance No. 05-1129 and 05-1130, with suspension of rules. Rountree: Second. De Weerd: Okay. The motion is to approve Items 17 and 18. Hearing no further discussion, Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 19: Senator Crapo Letter: De Weerd: Thank you. Item No. 19 is the letter there in front of you to Senator Crapo's office. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 1, 2005 Page 41 of 42 Bird: This is a very very nice letter, which I can support one hundred percent and I hope the whole Council can, so I would move on that that the Mayor and Council signs this letter and we get it sent out. Rountree: Second that. De Weerd: Okay. The motion is to sign the letter in front of you. Is there any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 20: Executive Session: De Weerd: Okay. I will pass that down. Okay. Item 20, is an Executive Session. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we go into Executive Session to discuss personnel issues. Donnell: Second. De Weerd: Ms. Green, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: We will adjourn into Executive Session. EXECUTIVE SESSION: De Weerd: I will accept a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: No decisions were made. Would entertain a motion to adjourn. Donnell: So moved. Meridian City Council February 1, 2005 Page 42 of 42 Bird: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:46 P.M. January 28, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Audit Report February 1, 2005 ITEM NO. 3 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY FINANCE DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached I ) h~ · ~6V _ ffl,irfJ re ~l!I'/1i Contacted: EmaHed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. /..--iIso->>"" EideBaill~ ~ JAN 2 8 2005 City of Meridian City Clerk Office epAs & BUSINESS ADVISORS To the Mayor and Members of City Council of City of Meridian, Idaho We have audited the financial statements of City of Meridian, Idaho for the year ended September 30, 2004, and have issued our report thereon dated December 9, 2004. Professional standards require that we provide you with the following information related to our audit. Our Responsibility Under Auditing Standards Generally Accepted In The United States of America_and Government Auditing Standards As stated in our engagement letter dated September 20, 2004, our responsibility, as described by professional standards, is to plan and perform our audit to obtain reasonable, but not absolute, assurance about whether the financial statements are free of material misstatement and are fairly presented in accordance with accounting principles generally accepted in the United States of America. Because an audit is designed to provide reasonable, but not absolute assurance and because we did not perform a detailed examination of all transactions, there is a. risk that material misstatements may exist and not be detected by us. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of City of Meridian, Idaho's compliance with certain provisions of laws, regulations, contracts, and grants. However, the objective of our tests was not to provide an opinion on compliance with such provisions. Review of Internal Control As part of our audit, we considered the internal control of City of Meridian, Idaho. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. Significant Accounting Policies Management has the responsibility for selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by City of Meridian, Idaho are described in Note A to the fmancial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2004. We noted no transactions entered into by the Company during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. PEOPLE. PRINCIPLES. POSSIBILITIES. www.eidebailly.com 877 West Main St., Ste. 805 H Boise, Idaho 83702-5858 g Phone 208.3447150 0 fax 208.3447435 0 EOE Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the [mancial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were those estimates related to collectiblity of receivables and the useful lives on fixed assets depreciation. Management's estimates are based on prior history and recent information. We evaluated the key factors and assumptions used to develop the estimates in determining that they are reasonable in relation to the financial statements taken as a whole. Audit Adjustments For purposes of this letter, professional standards define an audit adjustment as a proposed correction of the financial statements that, in our judgment, may not have been detected except tbrough our auditing procedures. An audit adjustment mayor may not indicate matters that could have a significant effect on the Company's financial reporting process (that is, cause future financial statements to be materially misstated). In our judgment, none of the adjustments we proposed, whether recorded or unrecorded by the Company, either individually or in the aggregate, indicate matters that could have a significant effect on the Company's financial reporting process. In addition, the attached schedule summarizes uncorrected financial statement misstatements. Management has determined that their effects are immaterial both individually and in the aggregate, to the fmancial statements taken as a whole. Disagreements With Management For purposes of this letter, professional standards defme a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements or the auditor's report. No such disagreements arose during the course of our audit. Consultations With Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the Company's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our lmowledge, there were no such consultations with other accountants. Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Company's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. This report is intended solely for the information and use of the City Council, and management of City of Meridian, Idaho and is not intended to be and should not be used by anyone other than these specified parties. As always, we will be happy to discuss these or any other topics at your convenience. We would like to take this opportunity to express our appreciation to you and your staff for the fIne cooperation we received during the course of the audit. We look forward to many years of continued service to City of Meridian, Idaho. [~ ~ LLP Boise, Idaho December 9, 2004 City of Meridian, Idaho Adjustments Passed General Fund Year ended 9/30/04 SCOPE; AlIlmown and projected misstatements and/or classification errors Effect Debit (Credit) of misstatements and classification errors on: Net Description Asset Liability Revenue Expense Income Equity Reversed prior year misstatements To adjust accrued interest revenue under modified 60 day accrual (14,732) (14,732) 14,732 Current year misstatements To adjust accrued interest revenue under modified 60 day accrual (35,030) 35,030 35,030 To record property taxes payable (48,646) 48,646 48,646 Total (83,676) 20,298 48,646 68,944 14,732 68,944 Cumulative Misstatement Errors 83,676 City of Meridian, Idaho Adjustments Passed Capital Projects Fund Year ended 9/30104 SCOPE: Al1lmown and projected misstatements and/or classification errors Effect Debit (Credit) of misstatements and classification errors on: Net Description Asset Liability Revenue Expense Income Equity Reversed prior year misstatements To adjust accrued interest revenue under modified 60 day accrual (2,853) (2,853) 2,853 Current year misstatements To adjust accrued interest revenue under modified 60 day accrual (13,417) 13,417 13,417 Total (13,417) 10,564 10,564 2,853 10,564 Cumulative Misstatement Errors 13,417 Financial Statements CITY OF MERIDIAN, IDAHO September 30, 2004 J J JAN 2 8 2005 City Ol Meridian City Clerk Office I TABLE OF CONTENTS Page No. FlNANCIAL SECTION Independent Auditors' Report ........................ .0...... 0.... ............................... ...... 0................ 0.. 0.......0..0. Management's Discussion and Analysis......... .......... ................. ........................................... .... ....... "I Basic Financial Statements: Government-wide Financial Statements: Statement of Net Assets........................ ..... ......... ................. no............................... .......... .......... 12 Statement of Activities.......................................... .................... 0................................................ 14 Fund Financial Statements: Balance Sheet - Governmental Funds ....................................................................................... 16 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets................................ .................................................. .............................. ........... 17 Statement of Revenues, Expenditures, and Changes in Fund Balances- Governmental Funds............... ................ ......... ................. ....................... ............ ................... 18 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities ............................ 19 Statement of Net Assets - Proprietary Fund ............................................................................. 20 Statement of Revenues, Expenses, and Changes in Fund Net Assets _ Proprietary Fund.. ................ ............ ...... .... .................................. ............... ..... ............ ........... 21 Statement of Cash Flows - Proprietary Fund ........................................................................... 22 Notes to Financial Statements.................... ..... ........ .......................................................... ............ 24 Required Supplementary Information: Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual- General Fund ........................................................................................................ 39 Notes to Required Supplementary Information ............................................................................ 40 OTHER INFORMATION Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards. .............................................. 42 I . I i . j ~j ~...>>"" EideBailly~ ~ CPAs & BUSINESS ADVISORS INDEPENDENT AUDITORS' REPORT ) , J I Mayor and Members of the City Council City of Meridian, Idaho We have audited the accompanying financial statements ofllie governmental activities, the business-type activities, the discretely presented component unit, and each major fund of the City of Meridian, Idaho, as of and for the year ended September 30, 2004, which collectively comprise the City's basic fmancial statements as listed in the table of contents. These financial statements are the responsibility of City of Meridian, Idaho, management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. " \ In our opinion, the fmancial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, and each major fund of the City of Meridian, Idaho, as of September 30, 2004, and the respective changes in financial position and cash flows, where applicable, thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. The Management's Discussion and Analysis and other required supplementary information listed in the table of contents are not a required part of the basic financial statements but are supplementary information required by the accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. In accordance with Government Auditing Standards, we have also issued our report dated December 9, 2004, on our consideration of City of Meridian's internal control over fmancial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral part of an audit performed in accordance with Govemment Auditing Standards and should be read in conjunction with this report in considering the results of our audit. 1 " j J PEOPLE. PRINCIPLES. POSSIBILITIES. www.eidebailly.com 877 West Main St., Sfe. 805. Boise, Idaho 83702-5858 I Phone 208.344.7150 I Fax 208.344.7435 I EOE ~ 1- Mayor and Members of the City Council City of Meridian, Idaho Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Meridian, Idaho's, basic financial statements. The other fmancial information listed in the table of contents is presented for purposes for additional analysis and is not a required part of the basic financial statements of the City of Meridian, Idaho. Such information has been subjected to the auditing procedures applied in the audit of the basic fmandaI statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. [~ ~ LLP Boise, Idaho December 9,2004 , } j .J CITY OF MERIDIAN MANAGEMENT DISCUSSION AND ANALYSIS September 30, 2004 This section of the City of Meridian's annual financial report presents management's discussion and analysis of the City's financial performance during the year ended September 30, 2004. Please use this information in conjunction with the information furnished in the City's fmancial statements. 'j Financial Highlights · The total net assets of the City of Meridian exceeded its liabilities at September 30, 2004 by $164,227,099. Of this amount $58,303,554 is unrestricted and available to meet the City's on- going obligations to citizens and creditors. · During fiscal year 2004 the City's total net assets increased $24,159,521 as compared to an increase of $14,986,187 during fiscal year 2003. Net assets of the governmental activities increased $5,552,184 and net assets of business type activities increased $18,607,337. · Total fund balance of governmental funds at September 30,2004 was $19,533,479 compared to a total governmental fund balance at September 30, 2003 of $15,462, 448. Of the September 30, 2004 balance $1,953,980 is restricted for new park development costs, $5,404,370 is reserved for capital projects and $2,022,104 has been reserved by City Council for other purposes. The remaining $10,153,025 is unreserved. · The City has $2,960,000 in long-term debt due to a capital lease and trust agreement with Wells Fargo Bank for the construction of a police station. The agreement was executed in fiscal year 2002 and has a term of ten years. I , I Overview of the Financial Statements This annual report consists of five parts - management discussion and analysis, the government-wide financial statements, fund financial statements, notes to the financial statements, and required supplementary infonnation. , } j Government- Wide Financial Statements These statements report information about all of the operations of the City using accounting methods similar to those used by private sector companies. These statements are prepared using the flow of economic resources measurement focus and accrual basis of accounting. The current year's revenues and expenses are recorded as transactions occur rather than when cash is received or paid. The govemment-wide fmancial statements are divided into two categories: Statement of Net Assets - Reports all of the City's assets and liabilities with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator or whether the financial position of the City is improving or deteriorating. , J Statement of Activities - Reports all of the City's revenues and expenses for the year by function. Examples of functions are public safety, administration, and water and sewer activities. Revenues, such as property tax which cannot be traced to a specific function, are reported as General Revenues. Fund Financial Statements The Fund financial statements provide information about the City's majorfunds, not the City as a whole. The City uses a method of accounting, called fund accounting, to separate specific sources of funds and corresponding expenditures. Funds may be required by law or may be established by the City Council. -3- The City of Meridian has the following funds: Governmental Funds: These funds encompass the City's basic services, public safety, community planning and development, administration, and parks and recreation. Governmental fund financial statements focus on short-term inflows and outflows of spendable resources, an accounting approach mown as the flow of current financial resources measurement focus and the modified accrual basis of accounting. Information provided by these statements provides a short-term view of what resources will be available to meet needs. The City of Meridian has two governmental funds: General Fund - The general fund is the general operating fund of the City. It derives most of its income from property tax and funds the operations of the City. It includes the Special Services Fund, used to account for revenue and expenses of the community planning and development function and the Park Impact Fee Fund, used to account for the park impact fee revenue and park development costs. Cauital Proiects Fund - The Capital Projects Fund is used to account for financial resources to be used for the acquisition of major capital facilities. Prourietarv Fund: User fees finance activities in these funds. The City of Meridian only has one type of propriety fund, the enterprise fund. The water and sewer utilities and all the activities necessary to support their operation are accounted for in this fund. Accounting for this frmd is the same as a private business on a full accrual basis. Notes to the Financial Statements The notes provide additional information that is necessary to fully understand the date presented in the government-wide and fund financial statements. Required Supplementary Information This section has information that further explains and supports the information in the financial statements by including a comparison of the District's budget data for the year. , J FINANCIAL ANALYSIS OF THE CITY OF MERIDIAN AS A WHOLE Net Assets Net assets measure the difference between what the City owns (assets) versus what the City owes (liabilities). At September 30, 2004 the City's combined assets exceeded liabilities by $164,227,099. In comparison at September 30,2003 combined assets exceeded liabilities by $140,067,578. The largest portion of the City's net assets, 61 %, is invested in capital assets net of related debt. This is consistent with the prior fiscal year. Capital assets include land, building, equipment and machinery, and infrastructure. Assets restricted to a particular use are 3.5% of net assets. Again, this is consistent with the prior year. Consistent with the prior period, unrestricted net assets equal 36% of net assets. Some portion of the unrestricted net asset balance has been designated by the City Council for specific purposes. ) .J I -4- Airmy G:M:rrrra-t G:M:mrenta B..5iress - ~ Cc:rrp:re-t I>di\.ioes I>di\.ioes TdEl Llit ZD4 2iXl3 ZD4 2iXl3 ZD4 2iXl3 ZD4 2Xl3 G.rrat mj ate- .Assets $29,335,043 $Z3,627,625 $46,77B,OCQ $40,323, 192 $76,113,945 $33,95:],817 $71,m $37,647 e:pta .Assets $19,335,243 $18, 194,828 $83,007,414 $71,1S5,930 $103, 172,657 $89,351.788 TOOl! J!ssels $48,700,283 $41,822,453 $131,SIB,316 $111,400,152 $179,283,6Cl2 $153,XQ,1)1j $71,m $37,647 G.rrat Ua:iJities $10,151,833 $8,s.:e,594 $1,821,816 $1,3aJ,932 $11,973,679 $9,83:),516 $357 I..a"q{erm Ua:iJities $3.OXl,3:E $3,316,839 $85,615 $87,672 $3,005,824 $3,4C>>,511 $11,335 TdaI Uabilities $13, 152,072 $11,S<D,4Z3 $1,007,431 $1,4OO,rot $15,C59,SJ3 $13,235,027 $357 $11,335 Not~: In.este::l in Qpta .Assets Not d R:l<ied D;/::t $16,4<:6,243 $14,874,828 $83,007,414 $71,15:3,930 $100,212,657 $83,031,788 R:5bicled $5,710,898 $3.aro,443 $5,710,888 $3,89J,443 LiTeslricted $13,432,003 $11,23),759 $44,871,471 $38,914,588 $53,3)3,554 $9:),145,347 $a3,282 TOOl! Net Assets $35,548,214 $29,OO'i,COO $128,678,885 $110,071,548 $164,22?,cm $140,007,578 $71,116 $a3,282 Changes in Net Assets During the year the City's fmancial position improved by $24,159,521. The following condensed financial information was derived from the government-wide Statement of Activities and shows how the City's net assets changed during the year. Changes in Net Assets for Fiscal Year Ending September 30, 2004 Revenues Program Revenues Charges for services $5,943,076 $3,862,755 $9,671,657 $8,137,676 $15,614,733 $12,000,431 Operating grants and contributions $65,984 $14,940 $6,878,907 $4,075,519 $6,944,891 $4,090,459 Capital Grants and Contributions $2,144,110 $908,715 $9,545,497 $6,761,326 $11,689,607 $7,670,041 General Revenue: Property taxes $7,162,390 $6,088,008 $7,162,390 $6,088,008 Franchise fees $736,722 $610,892 $736,722 $610,892 Sales tax and other governmental $2,149,997 $1,875,184 $2,149,997 $1,875,184 Unrestricted Investment Earnings $501,338 $443,132 $1,132,288 $1,205,773 $1,633,626 $1,648,905 Other Revenue -$6,879 $75,725 -$5,330 -$96,057 -$12,209 -$20,332 Total Revenues $18,696,738 $13,879,351 $27,223,019 $20,084,237 $45,919,757 $33,963,588 Expenses General Government Administration $1,550,727 $2,142,079 $1,550,727 $2,142,079 Law Enforcement $5,209,504 $4,482,470 $5,209,504 $4,482,470 Fire Department $3,198,181 $2,450,270 $3,198,181 $2,450,270 Parks and Recreation $960,117 $852,761 $960,117 $852,761 Community Planning and Devlp $2,397,790 $1,662.207 $2,397,790 $1,662,207 Interest on long-term debt $137,050 $151,050 $137,050 $151,050 Capital Outlay $0 $0 Enterprise - sewer and water $8,306,867 $7,236,564 $8,306,867 $7,236,564 Total Expenses $13,453,369 $11,740,837 $8,306,867 $7,236,564 $21,760,236 $18,977,401 Transfers - internal activities $308,815 $303,014 -$308,815 -$303,014 $0 $0 Increase in net assets $5,552,184 $2,441,528 $18,607,337 $12,544.659 $24,159,521 $14,986,187 Net Assets October 1, 2003 $29,996,030 $27,554,502 $110,071,548 $97,526,889 $140,067,578 $125,081,391 Net Assets September 30,2004 $35,548,214 $29,996,030 $128,678,885 $110,071,548 $164,227,099 $140,067,578 -5- Governmental Activities FY04 FY03 Business- Tvoe Activities FY04 ~ FY03 Total Primarv Government FYO~Y03 Governmental Activities: Governmental activities increased the City's net assets by $5,552,184. Growth in the sale of residential and commercial building permits was high, exceeding the growth that occurred in fiscal year 2003. Building permits are 65% of Revenues, Charges for Services on the Changes in Net Assets table above. Building growth resulted in record collection of park impact fees: $1.2 million dollars plus. Additionally the City acquired $800,000 in land for parks in exchange for current and future return of park impact fees in the area of development. Both these amounts are included in Capital Grants and Contributions. The majority of governmental expenses, 62% are incurred by Public Safety. Police and Fire expenses increased 18% from fiscal year 2003 to fiscal year 2004. Community Planning and Development expenses increased 3l % during the same period as building growth increased the cost of performing building inspections. Business-Type Activities: Business-type activities increased net assets by $l8.6 million. $9.5 minion of this was the result of developer contributed sewer and water lines. Commercial and residential assessments are fees charged new connections to pay for system build out and capacity increase. Assessments were up 68 % over last year to $6.9 million dollars. Utility sales make up the rest of the revenue picture at $9.7 million. Expenditures in fiscal year 2004 were up 5.5% over fiscal year 2003. 70% of this increase was due to added staff and corresponding increased personnel cost. Only one capital project was completed, wen #23. Depreciation expense increased by $295,000. The Wastewater Treatment Plant and Water Construction accounts are used to track assessment revenue and the costs of construction. At the end of the year the construction in progress and completed construction projects are moved into the balance sheet and the depreciation is recognized in the Water and Wastewater Operating accounts. BusinessRtype Activities - FY04 Revenue and Expense Water WWTP Water Wastewater TOTAL Water TOTAL Operating Operating Construction Construction WWTP -6- Business- type Activties - FY04 Revenue Sources Meter/Latecomers 5% Interest Income ~ 4% Contributed Capital 35% FINANCIAL ANALYSIS OF THE CITY'S FUNDS Governmental Funds General Fund - the general fund is the principal fund used for the City's major operations. The fund balance at September 30, 2004 was $16,177,477, an increase of25% over the prior September 30 balance of $12,952,121. The major factor boasting fund balance is development growth. Community Development (building permits and inspections and plan reviews and filing fees) revenue was $1.8 million more in fiscal year 2004 then in fiscal year 2003. Park impact fees, collected at the sale of residential building permits virtually doubled from fiscal year 2003 to fiscal year 2004. City of Meridian - Residential Building Permit Sales 250 -g-FY2002 ~~FY2003 FY2004 200 150 100 50 Oet Noy Dee Jan Feb Mar April May June July Aug Sept -7- Property tax revenue and state sharing revenue exceeded the budgeted amount by $600,000. On the expenditure side the City had savings of $900,000 due to delays in hiring and training public safety positions. The general fund balance is composed of several reserved and restricted funds. The restricted Park Impact Fee fund is $1,953,980; the balance in this fund may be spent only for the development of new parks. The City Council has set aside several other amounts to be used for specific purposes; $301,579 is reserved in the Fire Truck fund, $2,048,368 is reserved to be transferred to the Capital Improvement fund, $1,319,619 is reserved to pay for easements along the purposed Locust Grove Overpass, and $400,906 is reserved for the last payment on the lease for the construction of the police station. The unreserved general fund balance, $10,153,025 is the principal fund used for the City's major operations. This fund increased $904,729 from the end of fiscal to the end of fiscal year 2004. In fiscal year 2004 the unreserved fund balance was 67% of the final personnel and operating budget compared to 70% last year. General Fund Budgetary HigWights There were several minor amendments made to the original general fund FY04 budget. They were to move funds between expenditure categories: personnel, operating, and capital outlay, move funds from one capital outlay project to another, and to recognize various small unexpected incomes such as grants and donations. In the special services fund, the portion of the general fund used to account for Community Planning, amendments were required to increase the Building Department revenue and corresponding cost of performing building inspections. Additionally a position in the FY05 budget was moved into the FY04 budget and some unanticipated consulting work approved. The budget is always amended to move the prior year's Special Services year-end surplus and the anticipated current year's surplus to the Capital Improvement Fund. Excluding park impact fees from governmental revenue, actual general fund revenues exceeded budgeted by $1,278,630. $740,850 of the favorable balance was due to high building permit sales. Another $500,000 of the excess was due to property tax and state revenue sharing exceeding originally published projections. Park impact fees were only budgeted at $350,000 but due to the high number of residential building permits sold the actual was $1,250,792. General Government expenditures are substantially under budget. In FY02 the City appropriated $1,800,000 to pay for easements and right of way purchases to facilitate the development of the Locust Grove Overpass. Very little has been expended since that time and $1.25 million was re-appropriated in the FY04 budget with only $74,732 spent. Delays in hiring public safety positions resulted in personnel savings of almost $300,000. Finally the Parks Department left behind approximately $970,000 in capital outlay for proj ects that were not completed in FY04 and will be continued in FY05. 1 J -8- $8,000,000 Revenue ~ Governmental Fund FY04 Budget to Actual $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 ~90 ~~/. . ~~,., ~% /. O~61 ~~ ~~ ~~"'61 ~~o $11.- 0~ ... ..90t, ~ ... " 6I\SI cf ~ ')o~/ is',, ~ ~"" 61?; i;iIo" ~ ~'&> '- 0 \SI$ ~ ~4 $61.s- 0... Ql6l~ ~"'i(.."'$.s- $61.s- Expenditures ~ Governmental Fund FY04 Budget to Actual $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- G&/)Elr. AO/1ee CI/Q OYElI'/) J:jj.El t>/CI/) AClI'4; bEl6/~ I)Ji, ~ q QEl ~bey~ 'lJC/ JilElc 1"Y1CEl -9- Capital Asset and Debt Administration Capital Assets " I At the end of fiscal year 2004 the City had $ 103 million invested in capital assets (net of accumulated depreciation). During fiscal year 2004 the City's total investment in net assets increased 15 percent, (20% for governmental activities and 18% for business-type activities). See table below: Capital Assets as of September 30,2004 (net of depreciation) Governmental Activities 2004 2003 Business -type Activities 2004 2003 Total Primary Government 2004 2003 . -/ i Land $6,886,008 $5,859,540 Buildings & Improvements other than buildings Sewer and Water Lines Equipment Construction in Progress $721,481 $432,848 $7.607,489 $6,292,388 , I TOTALS $8,386,036 $8,626,289 $11,499.094 $12.117,599 $19,885,130 $20,743,888 $57,957,390 $49,368,921 $57,957,390 $49,368,921 $2,185.103 $1,931,592 $6,498,447 $6,068,891 $8,683,550 $8,000,483 $1,908,096 $1,777,407 $7,131,002 $3,168,701 $9,039,098 $4,946,108 $19,365,243 $18,194,828 $83,807,414 $71,156.960 $103,172,657 $89,351.788 The City investment in capital assets includes land, buildings, sewer and water lines, buildings, automobiles and equipment and street lights. Sidewalks, bridges, and roads belong to the Ada County Highway District. Major capital asset events in FY04 included: · Purchase of a fIre truck for $360,000 · Agreement to waive impact fees in exchange for park land and purchase of park for a total park land addition of $1,000,000. · Contributed water and sewer lines of$9.8 million · Well #23 completed for $400,000 . ! The City booked $890,000 in depreciation expense for governmental City functions and $2.4 million for business-type activities. Long- Term Debt The City has a capital lease and trust agreement with Wells Fargo Ban1e This agreement was entered into for the purpose of constructing a police station. This agreement was entered into, as the result of a judicial review, August of 2001 for $4,000,000. At September 30, 2004 the long-term balance was $2,585,000. FYOS Budgetary Considerations J The City of Meridian bases the budget on a revenue analysis and projection. Underlying all revenue projections for all funds was the assumption of continued growth in residential housing. When the initial -10- forecasts were prepared fiscal year 2004 residential building permits were expected to be 1,350 based on growth rates during prior years of approximately 8%. However, the total sold for the year ended at 2,081, a record high for the City. It appears that fiscal year 2005 building permit sales will stay in the fiscal year 2004 range. The County's initial estimate of property tax to be collected in fiscal year 2005 went up $400,000 from the time the budget was approved to the final tax certification. This was due to higher then anticipated new construction. Population and commercial growth challenges the City's ability to provide general services like public safety and parks and recreation. Statutory Iimit<:itions on property tax collections mean that in periods of rapid growth the revenue does not keep up with demand for services. Meeting those needs will be the City's biggest challenge the rest oftms decade. Requests for Information This report is designed to provide a general overview of the City of Meridian's finances for our citizens and customers. If you have questions about this report or need additional financial information contact the Finance Office: 33 E Idaho, Meridian, Idaho 83642, 888-4433. -11- CITY OF MERIDIAN, IDAHO STATEMENT OF NET ASSETS September 30, 2004 Primary Government Governmental Business-type Activities Activities ASSETS CURRENT ASSETS Cash and cash equivalents 2,150,669 4,830,216 6,980,885 Investments 14,889,312 39,990,261 54,879,573 Receivables Accounts (net 0[$31,642 allowance for enterprise fund uncollectibles) 465,072 1,668,314 2,133,386 Property taxes 8,274,050 8,274,050 Assessments 6,164 6,164 Due from other governmental units 827,348 827,348 Interest 59,607 225,193 284,800 Prep aids 10,010 58,754 68,764 TOTAL CURRENT ASSETS 26,676,068 46,778,902 73,454,970 NONCURRENT ASSETS Restricted cash and cash equivalents 1,110,991 1,110,991 Restricted investments 1,547,984 1,547,984 Capital assets Land, infrastructure, and other assets not depreciated 8,794,104 7,852,483 16,646,587 Buildings, improvements and equipment, net of depreciation 10,571,139 75,954,931 86,526,070 TOTAL ASSETS $ 48,700,286 $ 130,586,316 $179,286,602 I . 1 i ! .<J See accompanying notes - 12 - Total Component Unit 71,773 71,773 71,773 CITY OF MERIDIAN, IDAHO STATEMENT OF NET ASSETS (Continued) September 30, 2004 Primary Government Governmental Business-type Component Activities Activities Total Unit LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable 793,587 1,507,626 2,301,213 657 Accrued payroll and taxes 451,825 168,971 620,796 Accrued vacation, current portion 46,134 9,513 55,647 Interest payable 39,467 39,467 Deferred revenue 8,145,287 59,644 8,204,931 Customer deposits 300,563 76,062 376,625 Capital leases - current portion 375,000 375,000 TOTAL CURRENT LIABILITIES 10,151,863 1,821,816 11,973,679 657 NONCURRENT LIABILITIES Accrued vacation - less current portion 415,209 85,615 500,824 Capital leases - less current portion 2,585]000 2,585,000 TOTAL LIABILITIES 13,152,072 1,907,431 15,059,503 657 NET ASSETS Invested in capital assets, net of related debt 16]405,243 83,807,414 100,212,657 Restricted for: Park improvements 1,953,980 1,953,980 Capital improvements 3,356,002 3,356,002 Police center debt service 400,906 400]906 Umestricted 13,432,083 44,871,471 58,303,554 71,116 TOTAL NET ASSETS 35,548,214 128,678,885 164,227,099 71,116 TOTAL LIABILITIES AND NET ASSETS $ 48,700,286 $ 130,586,316 $ 179,286,602 71,773 I , 1 See accompanying notes - 13- FunctionslPrograms PRIMARY GOVERNMENT GOVERNMENTAL ACTMTIES General government Administration Public safety Law Enforcement Fire Department Parks and Recreation Community Planning and Development Interest on long-term debt TOTAL GOVERNMENTAL ACTIVITIES BUSINESS-TYPE ACTIVITIES Water and wastewater TOTAL BUSINESS-TYPE ACTIVITIES TOTAL PRIMARY GOVERNMENT CO:MPONENT UNIT Downtown development CITY OF MERIDIAN, IDAHO STATEMENT OF ACTIVITIES Year Ended September 30,2004 Expenses Charges for Services Program Revenues Operating Grants and Contributions Capital Grants and Contributions 1,550,727 256,906 5,209,504 481,247 58,435 1,583 3,198,181 860,522 7,549 34,830 960,117 73,707 2,107,697 r 2,397,790 4,270,694 137,050 13,453,369 5,943,076 65,984 2,144,110 8,306,867 9,671,657 6,878,907 9,545,497 8,306,867 9,671,657 6,878,907 9,545,497 $ 21,760,236 $ 15,614,733 6,944,891 $ 11,689,607 68,449 113,283 I < General revenues Shared revenues Property taxes, levied for general purposes Franchise fees Sales tax and other governmental Unrestricted investment earnings Net increase ( decrease) in fair value of investments Miscellaneous Gain (loss) on sale of fixed assets Transfers - internal activities TOTAL GENERAL REVENUES AND TRANSFERS t , CHANGE IN NET ASSETS NET ASSETS - BEGINNING NET ASSETS - ENDING See accompanying notes - 14- Net (Expense) Revenue and Changes in Net Assets Primary Government Governmental Business-type Component Activities Activities Total Unit $ (1,293,821) $ (1,293,821) $ (4,668,239) (4,668,239) (2,295,280) (2,295,280) 1,221,287 1,221,287 1,872,904 1,872,904 (137,050) (137,050) (5,300,199) (5,300,199) 17,789,194 17,789,194 17,789,194 17,789,194 (5,300,199) 17,789,194 12,488,995 44,834 7,162,390 7,162,390 736,722 736,722 2,149,997 2,149,997 501,338 1,132,288 1,633,626 (56,420) (17,084) (73,504) 49,457 20,052 69,509 84 (8,298) (8,214) 308,815 (308,815) 10,852,383 818,143 11,670,526 5,552,184 18,607,337 24,159,521 44,834 29,996,030 110,071,548 140,067,578 26,282 $ 35,548,214 $128,678,885 $164,227,099 71,116 See accompanying notes - IS - CITY OF MERIDIAN, IDAHO BALANCE SHEET GOVERNMENTAL FUNDS September 30, 2004 Total Capital Governmental General Proj ects Funds ASSETS Cash and cash equivalents 1,715,381 435,288 2,150,669 Investments 11,977,979 2,911,33~ 14,889,312 Receivables Accounts 465,072 465,072 Property taxes 8,274,050 8,274,050 Due from other governmental units 827,348 827,348 Interest 43,524 16,083 59,607 Prepaid items 10,01 0 10,010 Restricted assets Cash and cash equivalents 1,110,991 1,110,991 Investments 1,547,984 1,547,984 TOTAL ASSETS 25,972,339 3,362,704 29,335,043 LIABILITIES AND FUND BALANCES Liabilities Accounts payable 790,388 3,199 793,587 Accrued payroll and taxes 451,825 451,825 Deferred revenue 8,252,086 3,503 8,255,589 Customer deposits 300,563 300,563 TOTAL LIABILITIES 9,794,862 6,702 9,801,564 Fund balances Reserved for park improvements 1,953,980 1,953,980 Reserved for capital improvements 2,048,368 3,356,002 5,404,370 Reserved for police center debt service 400,906 400,906 Reserved for [lIe truck purchases 301,579 301,579 Reserved for overpass construction 1,319,619 1,319,619 Umeserved 10,153,025 10,153,025 TOTAL FUND BALANCES 16,177,477 3,356,002 19,533,479 TOTAL LIABILITIES AND FUND BALANCE 25,972,339 3,362,704 29,335,043 See accompanying notes - 16 w CITY OF MERIDIAN, IDAHO RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS September 30, 2004 Fund balance - total governmental funds , ! Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not financial resources and therefore are not reported in the funds. Some of the property taxes receivable are not available to pay for current-period expenditures and therefore are deferred in the funds. Long-term debt is not due and payable in the current period and therefore is not reported in the funds. , I 1 I Accrued vacation is not due and payable in the current period and therefore is not reported in the funds. Interest on long-term debt is not due and payable in the current period and therefore is not reported in the funds. Net assets of governmental activities I , ! See accompanying notes - 17 - 19,533,479 19,365,243 110,302 (2,960,000) (461,343) (39,467) 35,548,214 OTY OFMEillDMN, IDAHO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - GOVERNMENTAL FUNDS Year Ended September 30,2004 Total Capital Governmental General Projects Funds REVENUES Taxes 7,151,598 7,151,598 Licenses and permits 4,073,874 4,073,874 Intergovernmental 3,076,215 3,076,215 Franchise fees 736,722 736,722 Fines and forfeitures 289,426 289,426 Charges for services 2,050,499 2,050,499 Interest 369,801 83,378 453,179 Miscellaneous 19,409 19,409 TOTAL REVENUES 17,767,544 83,378 17,850,922 EXPENDITURES General government 1,476,105 5,585 1,481,690 Public safety 7,749,289 7,749,289 Community planning and development 2,380,921 2,380,921 Parks and recreation 744,224 744,224 Debt service Principal 360,000 360,000 Interest 141,850 141,850 Capital outlay 1,198,559 25,080 1,223,639 TOTAL EXPENDITURES 14,050,948 30,665 14,081,613 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 3,716,596 52,713 3,769,309 OTHER FINANCING SOURCES (USES) Operating transfer in 308,815 799,548 1,108,363 Operating transfer out (799,548) (799,548) Unrealized gain (loss) on investments (597) (6,586) (7,183) Proceeds from sale of capital assets 90 90 TOTAL OTHER FINANCING SOURCES (USES) (491,240) 792,962 301,722 NET CHANGE IN FUND BALANCES 3,225,356 845,675 4,071,031 FUND BALANCE AT BEGINNING OF YEAR 12,952,121 2,510,327 15,462,448 FUND BALANCE AT END OF YEAR 16,177,477 3,356,002 19,533,479 See accompanying notes - 18 - QTYOFMERIDMN,IDAHO RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES Year Ended September 30, 2004 Net change in fund balances - total governmental funds Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlay as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays ($1,223,839) exceeded depreciation ($896,417) in the current period. Capital assets contributed by developers are not a source offmancia1 resources and thus, are not recognized in the governmental funds. In the statement of activities, only the gain or loss on disposal of assets is reported, whereas in the governmental funds, the gains from the disposal increase financial resources. Thus, the change in net assets differs from the change in fund balance by the net book value of the assets disposed of. Some property tax revenue in the statement of activities that do not provide current financial resources is not reported as revenue in the funds. Repayment of long-term debt principal is an expenditure in the governmental funds, but the repayment reduces long-term debt in the statement of net assets. In the statement of activities, accrued vacation is measured by the amounts earned during the year. In the governmental funds, however, expenditures for these items are measured by the amount of [mancial resources used. This is the amount by which benefits earned exceeded benefits paid in the current year. Interest expense accrued but not paid rep orted in the statement of activities does not require the use of current financial resources and therefore is not reported as expenditures in governmental funds. Change in net assets of governmental activities ~ I J See accompanying notes - 19- 4,071,031 327,422 843,199 (206) 10,793 360,000 (64,855) 4,800 5,552,184 OTYOFMEmDIAN,IDAHO STATEMENT OF NET ASSETS- PROPRIETARY FUND September 30, 2004 ASSETS CURRENT ASSETS Cash and cash equivalents Investments Receivables Accounts (net of$31,642 allowance for uncollectibles) Assessments Interest Prepaid items TOTAL CURRENT ASSETS NONCURRENT ASSETS Capital assets Land Construction in progress Buildings and improvements other than buildings Sewer and water lines Machinery and equipment Less accumulated depreciation TOTAL ASSETS LIABILITIES AND NET ASSETS l < I CURRENT LIABILITIES Accounts payable Accrued payroll and taxes Accrued vacation Customer deposits Deferred revenue TOTAL CURRENT LIABILITIES ! ~ 1 NET ASSETS Invested in capital assets, net of related debt Umestricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS See accompanying notes - 20- Enterprise Fund Water and Sewer 4,830,216 39,990,261 1,668,314 6,164 225,193 58,754 46,778,902 721,481 7,131,002 18,376,108 67,280,982 9,898,763 (19,600,922) 130,586,316 1,507,626 168,971 95,128 76,062 59,644 1,907,431 83,807,414 44,871,471 128,678,885 130,586,316 CITY OF MERIDIAN, IDAHO STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET ASSETS- PROPRIETARY FUND Year Ended September 30,2004 OPERATING REVENUES Charges for services Water revenues Sewer revenues Sale of meters Latecomers fees Engineering fees Miscellaneous TOTAL OPERATING REVENUES OPERATING EXPENSES Personal services Other services and charges Depreciation Supplies Heat, lights and power OPERATING EXPENSES OPERATING INCOME NONOPERATING REVENUES (EXPENSES) Interest revenue Connection assessment fees Loss on sale of fIxed assets Net increase (decrease) in fair value of investments ~.~ TOTAL NONOPERATING REVENUE INCOME BEFORE CONTRIBUTIONS AND TRANSFERS Donated waterlines and sewerlines Operating transfers out CHANGE IN NET ASSETS NET ASSETS AT BEGINNING OF YEAR NET ASSETS AT END OF YEAR See accompanying notes - 21 - Enterprise Fund Water and Sewer 3,283,359 4,442,942 455,505 947,803 542,048 20,052 9,691,709 3,245,560 1,377,272 2,440,738 849,877 393,420 8,306,867 1,384,842 1,132,288 6,878,907 (8,298) (17,084) 7,985,813 9,370,655 9,545,497 (308,815) 18,607,337 110,071,548 128,678,885 CITY OF MERIDIAN, IDAHO STATEMENT OF CASH FLOWS - PROPRIETARY FUND Year Ended September 30,2004 CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users Payments to suppliers Payments to employees CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Operating transfer to general fund CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Connection assessment fees Proceeds from sale of capital assets Acquisition of capital assets CASH FLOWS FROM INVESTING ACTIVITIES Purchase of investments Sale of investments Interest received CASH AT BEGINNING OF YEAR NET CASH PROVIDED BY OPERATING ACTIVITIES NET CASH USED BY NONCAPITAL FINANCING ACTIVITIES NET CASH USED BY CAPITAL AND RELATED FINANCING ACTIVITIES NET CASH USED BY INVESTING ACTIVITIES NET INCREASE IN CASH CASH AT END OF YEAR See accompanying notes - 22- r~" I 9,475,788 (2,266,614) (3,218,195) ~,990,979 (308,815) (308,815) 6,878,907 88 (5,554,081) 1,324,914 (23,869,120) 20,140,769 1,080,111 I ,~ ' (2,648,240) 2,358,838 2,471,378 4,830,216 . J I RECONCILIATION OF OPERATING INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES Operating income Adjustments to reconcile operating income to net cash provided by operating activities Depreciation Changes in assets and liabilities Accounts receivable Prepaid items Accounts payable Accrued payroll and taxes Deferred revenue Customer deposits NET CASH PROVIDED BY OPERATING ACTIVITIES SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMA nON Developer and customer contributed sewer and water lines See accompanying notes - 23 - 1,384,842 2,440,738 (275,565) (57,863) 494,956 27,365 59,644 (83,138) 3,990,979 9,545,497 "I CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES City of Meridian, Idaho (City) was incorporated August, 1903. The City operates under a mayor and council form of government and provides the following services as authorized by its charter: public safety (police and fire), community planning and development, parks and recreation, and general administrative services. The fmancial statements of the City have been prepared in conformity with generally accepted accounting principles (GMP) as applied to govemment units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The significant accounting policies are described below. The accounting and reporting policies of the City relating to the funds included in the accompanying basic fmancial statements conform to generally accepted accounting principles applicable to state and local governments. Generally accepted accounting principles for local governments include those principles prescribed by the GASB, the American Institute of Certified Public Accountants in the publication entitled Audits of State and Local Governmental Units and by the Financial Accounting Standards Board (when applicable). As allowed in Section P80 of GASB's Codification of Governmental Accounting and Financial Reporting Standards, the City has elected not to apply to its proprietary activities Financial Accounting Standards Board Statements and Interpretations, Accounting Principles Board Opinions, and Accounting Research Bulletins of the Committee of Accounting Procedure issued after November 30, 1989. Financial Renortinlr Entity As required by generally accepted accounting principles, these basic financial statements present the City in conformance with GASB Statement No. 39, "Determining Whether Certain Organizations are Component Units." Under Statement No. 39, component units are organizations that are included in the reporting entity because ofthe significance of their operational or financial relationships with the City. The component unit column in the combined fmancial statements is the financial data of the City's single component unit, the Meridian Development Corporation (MDC). :i\1DC is a separate and distinct legal entity created by state statute. The directors of MDC are appointed by the Mayor and approved by the City Council. MDC provides urban development services for the citizens of the City. The City contributes to the multi-employer Public Employer Retirement System ofIdaho (the System). The System is administered by the State of Idaho and the City is not the maj or participant in the plan; therefore, the plan fmancial statements are not included in this report. GOVERNMENT-WIDE AND FUND FINANCIAL STATEl\.1ENTS The government-wide financial statements (i.e., the statement of net assets and the statement of changes in net assets) report information on all of the nonfiduciary activities of the primary government. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. -24 - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2004 The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the food fmancial statements. MEASUREMENT FOCUS, BASIS OF ACCOUNTING, AND FINANCIAL STATEMENT PRESENTATION The government-wide fmancial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for wmch they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund fmancial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accoooting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. Only the portion of special assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period. All other revenue items are considered to be measurable and available only when cash is received by the government. The City reports the following major governmental funds: General Fund - The General Fund is the general operating fund of the City. It is used for all financial resources except those required to be accounted for in another fund. CaDital Protects Fund- The Capital Projects Fund is used to accOlmt for fmancial resources to be used for the acquisition or construction ofmajor capital facilities (other than those financed by proprietary funds). -25 - CITY OF MERIDIAN, IDAHO NOTESTOFINANC~STATEMENTS September 30,2004 The City reports the following major proprietary fund: Enterprise Fund - The Enterprise Fund is used to account for operations fmanced and operated in a manner similar to private business when the intent of the governing body is that costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges, or the governing body has decided that periodic determination of revenues earned, expenditures incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes. As a general rule, the effect of interfund activity has been eliminated from the govenunent-wide financial statements. Exceptions to this general rule are charges between various functions of the govenunent when elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include l) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. : I Proprietary funds distinguished operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and products and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the City's enterprise funds are charges for services to customers for sales and services. The Water and Sewer Funds also recognizes as. operating revenue the portion of hook-on fees intended to recover the cost of connecting new customers to the system. Operating expenses for enterprise funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. Cash and Cash Eauivalents For purposes of the statement of cash flows, the proprietary funds consider all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Investments Idaho Code provides authorization for the investment of funds as well as specific direction as to what constitutes an allowable investment. City policy is consistent with this direction. The City currently invests in interest bearing bank accounts, certificates of deposit and U.S. Govenunent and U.S. Government Agency bonds. Prouertv Taxes Receivable and Deferred Revenue Within the governmental fimd fmancial statement, property taxes are recognized as revenue when the amount of taxes levied is measurable, and proceeds are available to fmance current period expenditures. - 26- aTYOFMEillD~,IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2004 Available tax proceeds includes property tax receivables expected to be collected within sixty days after year end. Property taxes attach as liens on properties on January 1, and are levied in September of each year. Tax notices are sent to taxpayers during November, with tax payments scheduled to be collected on or before December 20. Taxpayers may pay all or one half oftheir tax liability on or before December 20, and if one half of the amount is paid, they may pay the remaining balance by the following June 20. Since the City is on a September 30 fiscal year end, property taxes levied during September for the succeeding year's collection are recorded as deferred revenue at the City's year end and recognized as revenue in the following fiscal year. Ada Cmmty bills and collects taxes for the City. Customer Services Receivable Amounts owed to the City for customer services are due from area residents and businesses and relate to water, sewer and trash services provided by the City. I , 1 j 1 I Caoital Assets Capital assets, which include property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items) are reported in the applicable governmental or business-type activities colunms in the government-wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $1,000 and an estimated useful life in excess of two years. All material fixed assets are valued at cost. Donated fixed assets are valued at their estimated fair value on the date donated. Public domain fixed assets consisting of roads, bridges, streets and sidewalks, and lighting systems are also reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Depreciation is recorded by use of the straight-line method. The book value of each asset is reduced by equal amounts over its estimated useful life as follows: Buildings Sewer plant Sewer and water lines Improvements other than buildings Equipment Public domain infrastructure Estimated Useful Life (Years) 30 25 50 10-50 5-20 40 , 1 Maintenance, repairs and minor renewals are charged to operations as incurred. When an asset is disposed of, accumulated depreciation is deducted from the original cost, and any gain or loss arising from its disposal is credited or charged to operations. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest costs incurred during construction of capital assets of business-type activities are capitalized when they are material. There were no interest costs included as part of the costs of capital assets under construction in the ClllTent year. r . I - 27- CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2004 Comnensated Absences Pavable 1 ~ I The City provides vacation and sick leave to its full-time employees. Earned vacation is paid to employees when taken or paid to employees or beneficiaries upon the employees' termination, retirement or death. The City does not pay earned sick pay upon the employees' termination, retirement or death for non-union employees. The fire department union members are paid fifteen percent of their sick leave accrual upon the employees' termination, retirement or death. The amount of unused vacation accumulated by City employees is accrued as expense when incurred in the Proprietary Fund, which use the accrual basis of accounting. In the Governmental Funds, only the amount that normally would be liquidated with expendable available [mancial resources is accrued as current year expenditures. Unless it is anticipated that compensated absences will be used in excess of a normal year's accumulation, no additional expenditures are accrued. Canital Leases The City is the lessee under a capital lease and trust agreement with Wells Fargo Bank for the law enforcement building. Under the terms of the agreement the City constructed the project on behalf of the lessor. The lease requires annual payments. The City will acquire the asset at the end of the lease for a bargain purchase price of $1. Risk Mana!?:ement The City is exposed to various risks ofloss related to theft of, damage to, or destruction of assets. The City participates in a public entity risk pool, Idaho Counties Risk Management Pool (ICRlvIP), for liability, medical and disability insurance. The City1s exposure to loss from its participation in ICRlvIP is limited only to the extent of their deductible. Fund Eauity J , 1 J In the fund [mancial statements, reservations of fund balance represent amounts that are not appropriable or are legally segregated for a specific purpose. Reservations of retained earnings are limited to outside third- party restrictions. Designations of fund balance represent tentative management plans that are subject to change. The proprietary fund's contributed capital represents equity acquired through capital grants and capital contributions from developers, customers or other funds. It is the government's policy to first apply restricted resources when an expense is incurred for purposes for which both restricted and mrrestricted net assets are available. The City has established reserves to account for the resources received from donors for future park and capital improvements. The City has also established a reserve for the police center and future fire truck purchases. . ] Encumbrances Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed by the City. - 28- " j CITY OP MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2004 Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. NOTE B - CASH AND INVESTMENTS At year end, the carrying amount of the City's deposits was $8,091,876 and the bank balance was $8,477,821. Of the bank balance, $302,234 was covered by federal depository insurance and $8,175,587 was uninsured and uncollateralized. All cash is held in Fanners & Merchants State Bank, Wells Pargo National Bank, Washington Federal Savings Bank and Buffmgton, Moore, McNeal located in Ada County, Idaho. Investments are categorized into these three categories of credit risk: 1. Insured or registered, or securities held by the entity or its agent in the entity's name. 2. Uninsured and unregistered, with securities held by the counterparty's trust department or agent in the entity's name. 3. Uninsured and unregistered, with securities held by the counterparty, or by its trust department or agent but not in the entity's name. At year end, the government's investment balances were as follows: CategorY Fair -----1- ~ ---L-~ ~ Certificates of deposit $ 400,000 $ 16,549,365 $ -- $ 16,949,365 $ 16,949,365 US. Government securities 20493746 20493746 20484628 $ 400 000 ~ ~ 37,443,111 37,433,993 Investments not required to be categorized due to their nature Investment with the State ofIdaho Treasurer: Local Government Investment Pool Long Term Fund 7,927,540 7,945,528 11056906 11001732 Total investments ~~ The elected State Treasurer, following Idaho Code, is authorized to sponsor an investment pool that the City voluntarily participates in. The Pool is not registered with the Securities and Exchange Commission or any other regulatory body - oversight is with the State Treasurer, and Idaho Code defines allowable investments. All investments are entirely insured or collateralized with securities held by the Pool or by - 29- ~ I i CITY OF MERIDIAN, IDAHO NOTESTOFmANC~STATEMENTS September 30, 2004 its agent in the Pool's name, and the fair value of the City's position in the external investment pool is the same as the value of the pool shares. A reconciliation of cash and investments as shown on the statement of net assets follows: Cash and cash equivalents Cash and cash equivalents - restricted Total $ 6,980,885 ~ ~ Investments Investments - restricted Total $ 54,879,573 1 547 984 ~ NOTE C - DUE FROM OWER GOVERNMENTAL UNITS The following summarizes the intergovennnental receivables at September 30,2004: State ofIdaho Revenue sharing Liquor tax Highway safety Idaho State Police Other Rural fire district Ada County Ada County Highway District Other 479,096 50,408 15,334 25,333 2,427 118,254 123,147 11,302 -2M1 Total ~ NOTE D - CAPITAL ASSETS The City adopted the provisions of Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements-and Management's Discussion and Analysis-for State and Local Governments. This statement requires retroactive reporting of all major general infrastructure assets from October 1, 2002 to June 30, 1980. As of September 30, 2004 the City has not recorded the infrastructure related to easements and rights of way. The City has elected to record these assets over the transition period through June 15,2006. - 30- CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS -; September 30, 2004 Changes to capital assets are as follows: Balance Balance Oct. 1, Sept. 30, 2003 Additions Deletions 2004 Governmental activities: Capital assets, not depreciated: Land 5,859,540 $ 1,026,468 $ 6,886,008 Construction in progress 1 777 407 ----ID.A2Q ~ 1 908 096 Total capital assets, not depreciated 7,636,947 1,337,894 180,737 8,794,104 , J I Capital assets, depreciated: Buildings 6,345,772 2,252 6,348,024 Improvements other than buildings 3,684,l55 160,422 3,844,577 Equipment 4212564 747207 ~ 4932165 Total capital assets, depreciated 14,242,491 909,881 27,606 15,124,766 Less accumulated depreciation for: Buildings 710,975 216,602 927,577 Improvements other than buildings 692,663 186,325 878,988 Equipment 2 280 972 493 490 ---.lZAQQ 2747 062 Total accumulated depreciation 3684610 896417 ---.lZAQQ 4 553 627 Total net capital assets, depreciated 10557881 ~ ----.2QQ 10571 139 Governmental activities capital assets, net $ 1 R 194 R28 Ulli.ill ~ 19365243 - 31 - CITY OF MERIDIAN, IDAHO NOTES TOFINANCLAL STATEMENTS September 30, 2004 Balance Balance Oct. 1, Sept. 30, 2003 Additions Deletions 2004 Business-type activities: Capital assets, not depreciated: Land 432,848 $ 288,633 $ 721,481 Construction in progress 3 168 70l 5 009 276 1046975 7131002 Total capital assets, not depreciated 3,601,549 5,297,909 1,046,975 7,852,483 Capital assets, depreciated: Buildings and improvements other than buildings 18,338,490 43,820 6,202 18,376,108 Sewer and water lines 57,436,500 9,844,482 67,280,982 Machinery and equipment 8970501 960 344 ~ 9898763 Total capital assets, depreciated 84,745,491 10,848,646 38,284 95,555,853 Less accumulated depreciation for: Buildings and improvements other than buildings 6,220,892 658,448 2,326 6,877,014 Water and sewer lines 8,067,578 1,256,014 9,323,592 Machinery and equipment 2901610 526276 --1J..2.!J. 3400316 Total accumulated depreciation 17190080 2440738 ~ 19600922 Total net capital assets, depreciated 67 555 411 8 407 908 ~ 75954931 Business~type activities capital assets, net $ 7] 1 56 960 ~ ~ 83807414 Depreciation expense was charged to fi..mctions/programs of the City as follows: Governmental activities: General government Public safety Community Planning and Development Parks and recreation 71,509 600,236 13,240 ----1l.Lm Total depreciation expense - governmental activities ~ Business-type activities: Water and sewer $ 2 440 738 Total depreciation expense - business-type activities ~ - 32- CITYOFMEillDMN,IDAHO NOTESTOFWANC~STATEMENTS September 30, 2004 NOTE E - LEASE COMMITMENTS The City leases the law enforcement building under a non-cancelable capital lease. The cost and accumulated depreciation by funds/account activity group are as follows at September 30, 2004: ~ Accumulated . Deoreciation Governmental activities ~ 24R 741 NOTE F - WTERFUND BALANCES AND TRANSFERS The following transfers were made for the purpose of funding operations: Transfer In: Capital General Projects Fund Fund Total Transfer out General fund $ $ 799,548 $ 799,548 Enterprise fund ~ ~ Total transfers $ 308 R15 ~ ~ As of December 30,2004, there were no internal balances due to or from other funds. NOTE G - BONDS PAYABLE Refunded Debt The City has refunded water and sewer revenue bonds. The proceeds of the bond refunding issue, together with additional cash have been invested in U.S. Government obligations and placed in an irrevocable refunding escrow by the City. The maturing principal and interest of these investments will be used to pay the principal and interest of the redeemed bond issue as those payments fall due. As a result, the 1977 revenue bond is considered defeased and the City has removed the liability from the financial statements. At September 30, 2004, the outstanding principal of the defeased bond is $5,000. NOTE H - CHANGES IN LONG-TERM DEBT The City is the lessee under a capital lease and trust agreement with Wells Fargo Bank for the law enforcement building. Under the terms of the agreement the City constructed the project on behalf of the lessor. The lease requires annual payments. At the end of the lease, the City has the option to purchase the facility for $1. The lease has a term often years with annual principal payments of $375,000 to $475,000 and interest rates 00.5% to 4.5%. - 33 - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2004 { i I ! , I The following is a summary of changes in long-term debt of the City for the year ended September 30, 2004: Due Balance Balance Within Oct. 1, Debt Debt Sept. 30, One ~ Issued Retired ~ ~ Governmental activities: Capital leases Building $ 3,320,000 -- $ 360,000 $ 2,960,000 $ 375,000 Accrued vacation ~ 64 855 -- ~ ~ Governmental activities long-term liabilities ~ ~855 360 000 ~ ~ Business-type activities Accrued vacation ~ -- $ ? 285 ~ ~ The future minimum lease obligation and the net present value of the minimum lease payments as of September 30,2004 are as follows: Fiscal Year Princiual ~ Total 2005 375,000 125,200 500,200 2006 390,000 110,200 500,200 2007 405,000 94,600 499,600 2008 420,000 78,400 498,400 2009 440,000 60,550 500,550 2010-2011 ----2dQ,QQQ ~ 993 224 ~ ~ 3 492 174 NOTE I - DEFINED BENEFIT PENSION PLAN Public Employee Retirement System of Idaho - The Public Employee Retirement System of Idaho (pERSI), a cost sharing multiple-employer public retirement system, was created by the Idaho State Legislature. It is a defmed benefit plan requiring that both the member and the employer contribute. The plan provides benefits based on members' years of service, age, and compensation. In addition, benefits are provided for disability, death, and survivors of eligible members or beneficiaries. The authority to establish and amend benefit provisions is established in Idaho Code. Designed as a mandatory system for eligible state and school district employees, the legislation provided for other political subdivisions to participate by contractual agreement with PERSI. Financial reports for the plan are available from PERSI upon request. After 5 years of credited service, members become fully vested in retirement benefits earned to date. Members are eligible for retirement benefits upon attainment of the ages specified for their employment - 34- CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30,2004 classification. For each month of credited service, the annual service retirement allowance is 2.0% (2.3% police/firefighter) of the average monthly salary for the highest consecutive 42 months. The contribution requirements of the City of Meridian and its employees are established and may be amended by the PERSI Board of Trustees. For the year ended September 30, 2004, the required contribution rate as a percentage of covered payrolls for members was 5.86% for general members and 7.21% for police/firefighters. The employer rate as a percentage of covered payroll was 9.77% for general members and 10.11% for police/firefighter members. These percentages changed after July 1, 2004 to 6.23% for general members and 7.65% for police/firefighters. The employer rate as a percentage of covered payrolls changed to 10.39% for general members and 10.73% for police/firefighter members. For PERSI's year ended June 30, 2004, the required contribution rates, as determined by PERSI, are as follows: General Member Police and Fire Member Emplovee 5.86 - 6.23% 7.2l -7.65% Emplover 9.77 - 10.39% 10.11 ~ 10.73% '} Contributions required and paid were $864,785, $741,217, and $659,605 for the three years ended September 30, 2004, 2003, and 2002, respectively. - 35 - CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE J - OTHER COMMITMENTS The City has the following conunitments at September 30,2004: Conunitment Purpose of Agreement Ada County Highway District Locust Grove Overpass Franklin to Overland, Reconstruct Franklin Main St to Eagle (Nola to Eagle) 2003 Locust Grove Sewer & Water Lines (Chinden) Black Cat Pressure Sewer Economic Development Coordinator Space Study Water Dept Wastewater Facility Plan Update, Dissolved Air Floatation Thickener Project at VVWTP, Headworks Expansion Project, WWTP Noise & Odor Study, VVWTP Centrate Equalization Tank Overland Road (Meridian to Locust Grv to Eagle), Franklin Rd (E 1st to Nola to E of Gaudian), Water Main Extension Victory Road, Franklin Rd construct sewer,water,service lines, Well 10 By-Pass & Seven Flushing Stations design, New pumping facilities at Well#25 Victory Rd, Construct sewer/water Lines Franklin Rd, Well #20 Piping Pressure Zone Modifications, Locust Grove Water/Sewer Improvements design, Water Main Extension Linder At I. 84 Bitterroot Construction Bodiford Construction Bro\VI1, Cheryl BRS Architects Carollo Engineering Civil Suvey Consultants , , Contractors Northwest HDR Engineering Hudson Company Hydro Logic JUB Engineers Keller Associates . j Lurre Construction Marsh Advantage USA National Coatings Riesel & Associates J Star Construction Treasure Valley Drilling Headworks Expansion Proj ect GIS Phase IT Transportation Mgmt Plan Circulation Study Drilling of Well #25 production well, Well#26 production well oversight services, Well #20B design & oversight Design Black Cat trunk sewer & lift station, Update 1998 Sewer Master Plan 2004 McMillan Water Extension design & construction North South Sewer Trunk Eagle road waterline extension Broker of employee benefits WWTP paint recoding of Clarifiers #1 & #2 Design & Construction Services Montvue Sewer & Water Extension Pressure Reducing Stations Drilling of exploratory test well for well #25 - 36- Amount $ $. $ $ $ 2,939,466 155,115 127,826 35,000 16,585 182,588 72,711 361,513 88,736 76,415 43,687 205,375 68,915 43,978 22,500 11,800 9,500 38,171 1l,222 CITY OF MERIDIAN, IDAHO NOTES TO FINANCIAL STATEMENTS September 30, 2004 NOTE K - CONTINGENT LIABILITIES The City has been named as a defendant in various legal actions, the results of which are not presently determinable. However, in the opinion of the City Attorney, the amoLUlt of losses that might be sustained, if any, would not materially affect the City's financial position. Under the terms of federal and state grants, periodic audits are required and certain costs may be questioned as not being appropriate expenditures LUlder the terms of the grants. Any disallowed claims, including amoLUlts already collected, could become a liability of the City. City management believes disallowances, if any, will not be material. NOTE L - COMPONENT UNIT The Meridian Development Corporation (.MDC) is created by and exists under the Idaho Urban Renewal Law of 1965, as amended, and is a separate and legal entity. The following is a summary of the disclosures required for a fair presentation of the component unit in the City's fmancial statements. Cash At year-end, the bank balance and carrying amount of deposits, reported as cash was $71,773. The bank balance was covered by federal depository insurance. All cash is held in a financial institution located in Idaho. .J - 37 - REQUIRED SUPPLEMENTARY INFORMATION CITY OF MERIDIAN, IDAHO NOTES TO REQUIRED SUPPLEMENTARY lNFORMATION September 30, 2004 Bude:ets and Budg:etarv Accounting The City follows these procedures in establishing the budgetary data reflected in the fmancial statements: Prior to September 1, the Finance Officer, Mayor and City Council prepare a proposed operating budget for the fiscal year commencing on October l. The operating budget includes proposed expenditures and the means of financing them. Public hearings are conducted at City Hall to obtain taxpayer comments. Prior to October 1, the budget is legally enacted through passage of an ordinance. Budgets are adopted on a basis consistent with generally accepted accounting principles (GAAP) for the general fund. Budgets for enterprise funds are not legally required but are adopted on a non-GAAP basis. All annual appropriations lapse at fiscal year-end. Revisions that alter the total expenditure appropriation of any fund must be approved by the City Council. State law does not allow fund expenditures to exceed fund appropriations. The budget presented in the report has been amended. Formal budgetary integration is employed as a management control device during the year for all funds. - 40- OTHER INFORMATION ~.>>"" EideBa ill}7,;, ~ CPAs & BUSINESS ADVISORS , ! INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Mayor and Members of the City Council City of Meridian, Idaho We have audited the financial statements of City of Meridian, Idaho, as of and for the year ended September 30, 2004, and have issued our report thereon dated December 9, 2004. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Comoliance As part of obtaining reasonable assurance about whether City of Meridian's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of [mancial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. . 1 Internal Control Over Financial Reoorting In planning and performing our audit, we considered City of Meridian's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the fmancial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over fmancial reporting and its operation that we consider to be material weaknesses. However, we noted other matters involving the internal control over financial reporting that we have reported to management of City of City of Meridian, Idaho, in a separate letter dated December 9, 2004. PEOPLE. PRINCIPLES. POSSIBILITIES. www.eidebai[ly.com 877 West Main St., Ste. 805 B Boise, Idaho 83702-5858 D Phone 208.344.7150 D fax 208.344.7435 D EOE -42 - Mayor and Members of the City Council City of Meridian, Idaho Page 2 This report is intended solely for the information and use of the City Council and management and is not intended to be and should not be used by anyone other than these specified parties. [~ ~ LLP Boise, Idaho December 9,2004 , 1 I - 43 - Management Letter CITY OF MERIDIAN September 30, 2004 I , .i J JAN 28 2005 City of Meridian tny Cterk Offic~ I ~...>>~ EideBailly~ ~ CPAs & BUSINESS ADVISORS ~l J Mayor and Members of City Council City of Meridian, Idaho In planning and performing our audit of the financial statements of City of Meridian, Idaho, for the year ended September 30, 2004, we considered the City's internal control structure to determine our auditing procedures for the purpose of expressing an opinion on the financial statements and not to proVide assurance on the internal control structure. However, during our audit we became aware of opportunities for strengthening internal controls and operating efficiency. The memorandum that accompanies this letter summarizes our comments and suggestions regarding those matters. We previously reported on the City's internal control structure in our report dated December 9, 2004. This letter does not affect our report dated December 9, 2004 on the financial statements of City of Meridian, Idaho. We have already discussed many of these comments and suggestions with various City personnel, and we will be pleased to discuss them in further detail at your convenience, to perform any additional study of these matters, or to assist you in implementing the recommendations. Very truly yours, [~ ~ LLP Boise, Idaho December 9, 2004 . J ! " ! ~J PEOPLE. PRINCIPLES. POSSIBILITIES. www.eidebailly.com 877 West Moin Sf., Ste, 805 D Boise, Idoho 83702.5858 B Phone 208.344.7150 D Fox 208.344]435 B EOE OTBER COMMENTS AND CONDITIONS SEGREGATION OF DUTIES Condition: The Finance Director has the authority to sign payroll checks and maintains custody of the general ledger accounting system. , , 1 ) Recommendation; We recommend implementing procedures to mitigate the lack of segregation of duties and or a review for the check signing process. Management Response: We only have three people physically available to sign checks and two signatures are needed. Physical signers are the City Clerk, the Finance Director, and the Treasurer. To avoid this problem we plan to start using the electronic signatures for payroll so no physical signatures will be required. However this will mean that the person who processes the checks will have access to the electronic signature. We are giving the Finance Director physical custody over the checks although ACH payments can be sent by anyone without access to signatures. Due to shortage of staff the IT Administrator will have to be the back-up over the physical custody of checks. We have the payables reviewed and mailed by someone other the person who processes them. We can also take away the ability to post from the processor, however the person who will have to post the checks is back-up for the payable person and on occasion has to be able to process payables. On occasion the Finance Director has to be able to help process payables. 1 I :.1 I ; J 01 , 1 k.J In an accounting office this small, with the growing number of transactions we have to process, the ideal theoretical internal control design cannot necessarily be implemented. INFRASTRUCTURE REPORTING Condition: Due to the required adoption of Statement of Governmental Accounting Standards (GASB Statement) No. 34, Basic Financial Statements - and Management's Discussion and Analysis -for State and Local Governments, in 2003, the City is required to identify and value all significant infrastructure. The significant infrastructure we have identified in relation to the City is easements and rights-of-way for utilities. This infrastructure has not been retroactively identified and valued in accordance with the provisions of GASB Statements No. 34. Recommendation: GASB Statement No. 34 provides for a 4 year phase in period to identify and record infrastructure assets from 1980 forward. All infrastructure acquisitions from September 30,2003 forward should be included as capital asset additions and accounted for in the same manner as other capital assets. For fiscal years beginning after June 15,2006, the City must retroactively report all major infrastructure assets from 1980 to September 30, 2003. We recommend a cooperative effort between the finance department and public works to obtain the information necessary to comply with the requirements. Management Response: Identification of infrastructure has not yet begun. Cooperation will be needed from the Enterprise fund. -2- INFORMATION SYSTEMS Condition: The City of Meridian does not have a documented disaster recovery plan. I , ] I ] I I j 1 j , 1 Reconnnendation: A disaster recovery plan should be created and documented. The plan should: Identify who has the authority to declare a disaster Clearly define responsibilities for designated teams or staff members Explain actions to be taken in specific emergency situations Allow for remote storage of emergency procedures manuals Define the conditions under which the backup site would be used Have procedures in place to notify the backup site Have procedures for notifying employees Establish processing priorities to be followed Detennine if a copy of the IT contingency plan is stored off-site Detennine what agreements, commitments, or projections have been made with hardware vendors regarding period of time to replace hardware Detennine if master files and transaction files are backed up adequately to facilitate full recovery Management Response: We have started a disaster recovery document and we do have procedures in place. The City has an Emergency Management Committee that is responsible for declaring a disaster and notifying employees. We have back-up and off-site storage procedures in place and a verbal agreement with our computer hardware supplier, Micron PC to provide replacement equipment. CASH AND INVESTMENTS Condition: The Governmental Accounting Standards Board has issued Statement No. 40 entitled Deposit and Investment Risk Disclosures. This pronouncement will be effective for the upcoming fiscal year. The disclosure requirements significantly expand the current requirements of most governmental entities that hold deposits and investments. Of particular concern, the pronouncement requires that the entity adopt written policies related to credit risks, concentration of credit risks, interest rate risk, and foreign currency risk. Many entities do not have policy statements that cover all of the required elements. To the extent the policies are not adopted prior to the upcoming fiscal year end, the footnotes to the fmancial statements will need to disclose the fact that policies do not exist. I . j Another area of disclosure that could impact you relates to individual investment holdings representing 5% or more of your total holdings. These holdings require separate credit risk disclosure. ,J In addition, for entities with substantial debt holdings, there are expanded credit ratings disclosure requirements that can prove to be quite cumbersome. -3- Recommendation: We suggest you review your deposit and investment policies currently in place to determine they comply with the new pronouncement. If you have investment holdings representing 5% of your total holdings or substantial debt issuances, you will need to be prepared for significantly expanded detail concerning the credit ratings of these. -, 'I I I ) "I j Experience in dealing with this pronouncement has shown that the there is considerable time effort necessary to comply. We suggest you begin the process early to make certain year end compliance is achieved. Management Response: We will have our current investment policy updated to meet the new requirements by the date those requirements are effective. Condition: The parks and buildings departments do not maintain petty cash funds. If a reimbursement is needed, funds are deducted from the cash deposits and reimbursed from the petty cash fund at City Hall at time of deposit. Recommendation: We recommend setting up petty cash fund at all offset locations to maintain the integrity of the cash deposit and eliminate commingling of cash receipts with petty cash. , J 1 j j 1 Management Response: We will set up petty cash at these locations if the need appears to be there. This does mean additional reconciliation and record-keeping. However we will prohibit the use of cash receipts for expenditure reimbursement. Both Parks and the Building Department bring and pick up mail at City Hall daily and they can also use the City Hall petty cash for reimbursement. I , I J -4- January 28,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 1, 2005 ITEM NO. 4 REQUEST Executive Session per Idaho State Code 67-2345(1)lb) & (f) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY FINANCE DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: jiCIJ/lnJ flit) Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. January 28. 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Irma Jean Phillips RZ 04-018 February 1. 2005 ITEM NO. 5-C REQUEST Findings for Approval- Request for a Rezone of .74 acres from L-O to C-C zones for Kinetico Qualify Systems of Treasure Valley - 544 West Cherry Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacte~ ~ fA:) l' h \ \ \'l 'p5 Emailed: COMMENTS See attached Findings MfOvV Date: 1(';>'61.05 Phone: '15'7<;- ()C:;09 ~t Staff Initials: ~ f ,~- Materials presented at public meetings shall become property of the City of MeridJan. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS DECISION & ORDER In the Matter of a request to Rezone 0.74 acres from L-O (Limited Office) to C-C (Community Business), by Irma Jean Phillips. Case No(s): RZ-04-018 For the City Council Hearing Date of: January 18, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the January 18, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~S 1 ]-15-5 and ll-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-0 18 - PAGE 1 of 4 In addition to the application and property facts noted in the staff report and the Plmming & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) ofrecord at the time of issuance of these findings is Irma Jena Phillips. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and l2, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the PlaMing and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated September 2004 as shown in Exhibit B and the Site Specific and Standard Comments in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Site Specific and Standard Comments are as shown in Exhibit B. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-01 8 - PAGE 2 of 4 E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Site Specific and Standard Comments Exhibit C: Zoning Amendment Findings By action of the City Council at its regular meeting held on the r.e6ruaA d-,~UJt9~ I Sf? day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~ "--' VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYORTAMMYdeWEERD (TIE BREAKER) VOTED_ ~ ClTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). RZ-04-0I8 -PAGE3 of4 Attest: and City Attorney. By: j~A.u.JU City Clerk's Office Dated: Z-1-C5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-0 18 - PAGE 4 of 4 EXHIBIT A Kinetico Quality Systems RZ-04-018 Legal Description ~ .:.irJ TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. . Boise, Idaho 83702 (208) 365-0636 Fax (208) 385-0696 Project. No.: 2805 Date: November 9,2004 DESCRIPTION FOR , . PHILLIPS PROPERTY A parcel of land being a ponion of the SW 1/4 of the SE 1/4 of Section 1, T.3N., R.1W., 8.M., Meridian, Ada County, Idaho, as shown on Record of Survey No. -' filed for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No. and more particularly described as follows: Commencing at brass cap marking the South 1/4 comer of said Section 1; thence along the South boundary of said Section 1 South 89'51'00' East 526.20 feet to a point; thence North 04'10'18" West 40.11 feet to an iron pin on the North right-at-way line of West Cherry Lane, said point being the POINT OF BEGINNING; thence continuing North 04'10'18" West 182.45 feet to an iron pin on the South boundary of Meridian Manor No. 1 Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 33 ot Plats at page 1989; thence along said South boundary South 89'51'00' East 160.57 feet to an iron pin marking the Southeast corner of said Meridian Manor No. 1 Subdivision, said point being on the West boundary of Tedi Subdivision, as filed tor record in the office of the Ada County Recorder, Boise, Idaho in Book 35 of Plats at page 3022; thence along said West boundary South 01'27'00 East 182.01 feet to an iron pin on said North right-of-way line of West Cherry lane; thence along said North right-of-way line . North 89'51 'OQ' West 151.91 feet to the POINT OF BEGINNING, Said parcel of land contains 0.653 acre, more or less. :r~OV~; () /1.---. ' "NOV 15 2004 M~m:~~ b~~iIC C.~"ol:l1M1d S;tl~i~Jy D<<wrnmU:\"*Ot'd'dll5~.eG5-4Q.:D; ~r;,: _~~ EXHIBIT B Kinetico Quality Systems RZ-04-018 Site Specific and Standard Comments SITE SPECIFIC COMMENTS (Rezone) l. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. All development on said property shall comply with Meridian City Code. 3. "Prior to the alUlexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: · Cross access to the parking lot to the east shall be provided in the form of a stubbed asphalt drive. The applicant shall also provide a cross access easement to benefit the adjacent property. · Limit the hours of operation from 7 a.m. to 7 p.m. · The applicant shall work with the City to obtain alternative compliance for the required landscape buffer along the north property line. 4. A Certificate of Zoning Compliance (CZC) application shall be submitted for approval prior to occupancy of the retail business. FIRE DEPARTMENT COMMENTS l. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal & external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. Fire lanes and streets shall have a vertical clearance of l3'6". This includes mature landscaping. 7. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 8. The office/commerciallot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are proj ected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. Maintain a separation ofY from the building to the dumpster enclosure. 10. Provide a Knoxbox entry system for the complex. 11. The first digit of the Apartment/Office Suite shall correspond to the floor level. 12. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 13. Provide exterior egress lighting as required by the International Building & Fire Codes. 14. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 15. Any chemical storage must comply with International Fire Code, Chapter 27. 16. Fire hydrants shall be no further than 400' from the most remote portions of the building. SANITARY SERVICES COMMENT: l. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. ACHD COMMENTS: District policy requlItlS ?-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). Cherry Lane currently has a total of aD-feet of right-of-way (40-feet from centerline) and is improved with 5-traffic lanes with vertical curb, guller and sidewalk abutting the site. Typically, the District requires developments abutting an arterial roadway to dedicate 48-feet of right-of-way from the centerline of the abutting roadway. Due to the fact that Cherry Lane is fully improved as a 5-lane roadway with curb, gutter and sidewalk and is not antidpated to be widened in the future, the applicant should not be required to dedicate any additional right-of-way or construct any additional street improvements on Cherry Lane at this time. Driveways District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 35 to align or offset a minimum of 150-feet from any existing or proposed driveway. District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feeL Most commerdal driveways will be constructed as curb-cut type facilities if located on local streets. Curb retum type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 3D-feet into the site beyond the edge of pavement of the roadway and Install pavement tapers with 15-foot radii abutting the existing roadway edge. The site currently has an existing 18-foot wide curb cut driveway that Intersects Cherry Lane approximately 25-feet west of the east property line. The applicant is proposing to uUllze lhe existing 18-foot wide curb cut driveway. This driveway is located slightly to the east of the outbound travel lane from Crestmont Drive. District policy requires driveways on collector and arterial roadways with a speed limit of 35 MPH to be located in direct alignment with any driveway or street or offset any driveway or street by a minimum of 150-feet District policy also requires all driveways on collector and arterial roadways to be constructed as curb relum type driveways. In order to comply with District policy the applicant should remove the existing 18--foot wide curb cut driveway that intersects Cherry Lane approximately 25-feet west of the east property line and reconstruct the driveway to be a curb return type driveway that is a maximum of 36-feet in width and in alignment with Crestmont Drive. Other Access Cherry Lane is classified as a principal arterial. Other than the access point that has specifically been approved with this application, direcllot access to Cherry Lane is prohibited. C. Site Specific Conditions of Approval Remove the existing 18.foot wide curb cut driveway that intersecls Cherry Lane approximately 25- feet west of the east property line and reconstruct the driveway to be a curb retum type driveway that is a maximum of 36-feet in width and in alignment with Creslmont Drive. Other than the access point that has specifically been approved with this application. direcllot access to Cherry Lane is prohibited. 3. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-oF-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District Contact Ihe District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall SUbmit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction. use and property development shall be in confonnance with alt applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. 11 is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shalt repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACH D conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shalt be valid unless they are in writing and signed by the applicant or !he applicant's authorized representalive and an authorized representalive of the Ada County HighWay District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application. shail require the applicant to comply with all rules, regulalions, ordinances, plans, or other regUlatory and legal restrictions in force at the lime the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law The proposed site pian is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed usefdevelopment will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. EXHIBIT C Kinetico Quality Systems RZ-04-018 Required Findings for Zoning Amendment STANDARDS FOR ZONING AMENDMENT The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment (11-15-11): A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; Staff finds that the requested Community Business (C-C) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Commercial". The text of the Comprehensive Plan (page 99) supports a full range of commercial and retail uses in the commercial zone, including offices, services, and retaiL B. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; Staff finds that the proposed retail use is allowed in the proposed C-C zone. The applicant has submitted a written statement regarding the proposed use, which states the following: "....a neighborhood fiiendly business that is retail in nature but has minimal site visits by customers. Most ofthe business activity takes place at customer's homes with the business site used for supporting office activity, light retail of accessory products, and storage of the product that is installed into customer's homes." Meridian City Code 11-19-LA states that "No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance issued by the Administrator." A Certificate of Zoning Compliance (CZC) will be required prior to issuance of a building permit or occupancy of the retail business. The required land use buffer between the proposed commercial use and the single family residences to the north is 25-feet, which would eliminate approximately half of the proposed parking area in the rear of the building. The applicant will work with City staff to obtain Alternative Compliance for the required north land use buffer prior to issuance of a Certificate of Zoning Compliance. A 20-foot buffer is required and provided along the western property line between the proposed business and the existing apartment building. Staff finds that the applicant can provide enough required parking for the proposed business. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; Staff finds that the City's Comprehensive Plan has provided the applicant with the ability to request the C-C zone for the subject property. Much of Cherry Lane in the vicinity has already redeveloped from residential to office or commercial uses. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing neighborhood. The applicant proposes to use the existing structure and anticipates making only site improvements such as parking. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested rezone will not be disturbing to existing or future neighboring uses, if the required land use buffers can be provided within the restraints of the site. Through the Comprehensive Plan process, the City determined that commercial development is appropriate for the area. Any future change of use on the property that may have a significant impact on the surrounding properties will require conditional use approval under current ordinances, and adjoining property owners will have an opportunity to comment. Staff anticipates that the proposed retail building use will not be hazardous or disturbing to the neighboring uses. The Commission and Council should consider the applicant's responses to staff concerns and all public testimony, oral and written, before making this finding. G. Will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; On December 4, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed rezone would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed C-C zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. J. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed C-C zoning will not interfere with general traffic patterns on any public streets. A stubbed asphalt drive for cross-access will be required to the parking lot to the east, in anticipation of future commercial development. Please refer to the ACHD staff report for a full report on traffic issues. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. Staff has not identified any natural or scenic features on the site. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the proposed rezone would be in the best interest of the City by allowing a property owner to make improvements to the property for re- development that would othelWise not be allowed without the rezone. January 28, 2005 MERIDIAN CITY COUNCIL MEETING AZ 04-031 February 1, 2005 ITEM NO. 5~D APPLICANT White-Leasure Development Company REQUEST Findings for Approval - Request for Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zones for Meridian Gateway - southwest comer of South Meridian Road and West Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: L:t&T lI~L Date: ~ Phone: 3J-l ~ -I~':f;;l-. Emailed:~~nlJ:fre.fJ.lt. krr\-1 d "0'-<- Staff Imtials: ~ Materia s presented at public meetings shall btc~~ property of the CIty of MerIdian. COMMENTS See affached Findings p;~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS DECISION & ORDER In the Matter of Annexation and Zoning of 9.08 acres from C2 (Ada County) to C-G (Commercial) for Meridian Gateway by the City of Meridian. Case Nos. AZ-04-031 For the City Council Hearing Dates of: January 18, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code 967- 6509. The matters were duly considered by the City Council at the January 18, 2005 public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matters to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with aU notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code ss 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proofof Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application, it is hereby verified that there are several property owners of record at the time of issuance of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-03 I - PAGE 1 of 4 these findings. All of the current property owners have evidenced consent to the subject annexation by purchasing property within the boundaries of the respective subdivisions, as consent is implied for the area because the properties are connected to a water and wastewater collection system operated by the City (see Idaho Code 9 50-222(4)). 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the findings required for the Annexation and Zoning application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 967- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 911-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, and Conditions of Approval in Exhibit B. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The site specific and standard conditions of approval are as shown in Exhibit B. CITY OF MERJDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-031 - PAGE 2 of 4 D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 967-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Exhibit B: Annexation and Zoning Conditions of Approval Exhibit C: Annexation and Zoning Analysis/Facts and Findings By action ofthe City Council at its regular meeting held on the I ~ day of 76Jrua'1.~2004: 2&O~ t ., I v . COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED~ ~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-031 - PAGE 3 of 4 and City Attorney. By: jlU C\iffiA..l\Q ] L0 City Clerk's Office Dated: 2-1-05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-03 [ - PAGE 4 of 4 EXHIBIT A Legal Description Meridian Gateway AZ-04-031 Roylance & Associates P.A. October 15, 2004 Project Number 2560 Legal DesclipllOn White-Leasure Development Company Annexation ArC<1 9,08 Acres A tract of land situated in the NOltheast One Quarter of the Northeast One Quarter of Section 24, Township J North, Range I West, Boise Meridinn, Ada County, Idaho, described as follows Commencing at the SeclEon Comer monumenting the Northeast comer of said Seelton 24 and the POINT OF BEGINNING. 111ence following [he nonherly line of said Section 24 and the centerline of West Overland Road, North 89046'45" West a distance of 525J){) feet to a point; Thence leavmg si:lld nOltherly line and the centerline of West Overland Road, South 00037'36" West a distance of 75350 feet to a point on the northerly Ime of Elk Run Subdivision, a recorded plat on file In Book 63 of Plals at pages 6303 and 6304, Records of Ada County, Idaho; Thence followmg said northerly line South 89046'45" Ellst a distance of 525.00 feel to a point on the easterly line of said Section 24 and the centerline of South Mendian Roud; Thence leavi ng smd norther! y Illle and following the casterl y line of Section 24 and the centerline of South Mcridi;m Road, North 00037'36" Ea~t a distance of 753,50 feel to the POINT OJ< BEGINNING -l'he above-described lmet of land contains 9.08 acres, more or less, subjecl to all existing easements lIncl rights-of-way Prepared By: ROYLANCE & ASSOCIA1T:.S PA ~~G~E~i;~~l~~~iJ' ~~~( ~""RO~\. (208) 939-2824 ey (208) 939-2855 FAX Oe\ 'L I) ?J}()~ ~\~~~~Q~ ~~~i~C \ t) -\S-04 X;\PrOJl,:'c{s\WhHtcLc-illurt:'\Z5WALlmHl\lAr~1I.'I\9,OS iU:!{:_:IWh:'";u.lflOlJ do::" EXHIBIT B Annexation and Zoning Conditions of Approval Meridian Gateway AZ-04-030 The City Council of the City of Meridian hereby approves the requested Annexation and Zoning as requested for the property described in the application, subject to the following: ANNEXATION AND ZONING CONDITIONS OF APPROY AL 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: · All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. · Prior to issuance of any building permit on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the conditions of ACHD and lTD. EXHIBIT C Annexation and Zoning Analysis/Facts and Findings Meridian Gateway (File AZ-04-031) ANNEXATION & ZONING ANALYSIS Section 50-222 Idaho Code allows cities of the State of Idaho to annex lands which are reasonably necessarv to assure the orderly develooment of the citv in order to allow efficient and economicallv viable orovisions of tax-suooorted and fee-suDoorted municioal services to enable the orderly develooment of Drivate lands which benefit from the cost-effective availabilitv of municioal services in urbanizing areas and to equitably allocate the costs of public services in management of develooment on the urban fringe. The subject annexation complies with the provisions for annexation established in Section 50-222, Idaho Code. The subject annexation is eligible for, and is being processed in compliance with the Category "B" annexation requirements established in Section 50-222, Idaho Code. According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning and Zoning Commission and City Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in Meridian City Code 11-15-11 and analysis by staff: "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff finds that the requested C-G zoning generally conforms to this stated purpose and intent of the Commercial designation. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): · "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile inte~als in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. Staff finds that the proposed access points to Kuna-Meridian Road (SH 69) and Overland Road shall be subject to the location requirements ofITD and ACHD respectively. In compliance with the Meridian Comprehensive Plan no curb cuts shall be allowed on Kuna-Meridian Road (SH 69). · "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The Applicant has not addressed landscaping adjacent to the existing uses that are to remain on-site. ITD has a policy that its future right of way width on Kuna-Meridian Road will be 120-feet on each side of the centerline (240 feet total) for building setbacks and to include a frontage road; or, 70-ftet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. The general requirements of ITD would not be in compliance with the existing use and would require compliance upon approval of a detailed site plan and/or subdivision and/or conditional use permit issuance. Stafffinds that the existing building setbacks, landscape inadequacies, and the potential for right-of-way acquisition create a unique situation for the site. In order to mitigate anticipated problems a development agreement will be required. · "Pennit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The Meridian Fire Department has not submitted written comments for this site as the plans submitted based on the conceptual retail use only. One of the comments received from the Fire Department states that the existing convenience store has several items of concern that would require compliance upon approval of a detailed site plan and/or subdivision and/or conditional use permit issuance. The subject site is readily se~iceable by City of Meridian's sanitary sewer and water systems. · "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property has frontage on both an arterial roadway, Kuna- Meridian Road, and a collector roadway, Overland Road. The existing uses adjacent to this site have not yet developed to the expected residential densities or Commercial uses anticipated in the Comprehensive Plan Because the adjoining properties are still somewhat rural in nature, the development of retail uses as described in the Conceptual plan may complement the existing uses. Depending on how the rest of the site builds-out, this development may or may not compliment adjoining residential developments to the south and west of the site. · "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goall, Objective B) The proposed and existing uses do provide a variety of commercial uses in this area, as envisioned with the Comprehensive Plan. · "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The Applicant has not addressed the requirement to install landscaping adjacent to the existing commercial uses that are to remain on-site. Staff has conditioned that the required setbacks for Landscaping and Buildings be installed upon reception of a detailed development proposal and prior to issuance of any building permits to facilitate the Entryway Corridor comprehensive goal, the anticipated roadway requirements of ITD and ACHD, the Meridian Fire District, and the City of Meridian Zoning Code. · "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) Figure VI-5 on page 57 of the Comprehensive Plan designates a bikeway on both Overland Road and Kuna-Meridian Road adjacent to the site. The Applicant has not addressed the issues of bikeways adjacent to the site. Staff is recommending that the Applicant work with ACHD to provide a bike lane on Overland Road, but not Kuna-Meridian Road. Because the posted speed limit on Kuna-Meridian Road is 55 MPH, staff does not believe that a bikeway should be required. · "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The detailed site plan must address these issues. . B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the Applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; Convenience stores require conditional use permit approval in the C-G zone. Residential uses are prohibited in the C-G zone. The existing Junkyard business is not allowed in a C-G zone and would be required to conform to the submitted conceptual plan and cease operation. The purpose of the C-G District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7-2.K). Staff finds that the proposed convenience store and the existing Junkyard are not principally permitted uses in the C-G zone. The convenience store would require separate conditional use approval. The existingjunkyard is prohibited and does not conform to the proposed zoning. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Southern Springs Subdivisions 1-3 have recently been annexed and developed with cOffimercialland uses in this area. There are several developments in the area that have developed in a fashion similar to the proposed rezone area. Kuna-Meridian Road was recently widened in this area by LTD. Overland Road is scheduled by ACHD for improvements in the current Five Year Work Program or CIP. The intersection of Overland RoadlKuna-Meridian Road is a signalized intersection with directional traffic being controlled. The Commission and Council should rely on the preceding facts and any public testimony to determine whether the changes in the area dictate that this area should be annexed into the City and zoned C-G at this time. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed C-G zone with the proposed retail uses if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended to be utilized for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. The existing uses do not conform to the harmonious and appropriate appearance of the existing general vicinity and would be required upon redevelopment to conform to these goals and policies. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The existing uses on the site are hazardous to neighboring uses. Accessory to the existing businesses, there are chemicals, gasoline, and assorted automobile wastes stored on this site. Appropriate buffers should be required on the north and east boundaries of this development, as the abutting uses are less-intense than the proposed and existing uses (see MCC 12-13-12-4). The Commission and Council should rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the recent roadway improvements to Kuna-Meridian Road (SH 69) should be adequate to serve this project for the short term. However, ITD has indicated that SH 69 is not constructed to its ultimate section and will need to be widened again in the future. Based on recent correspondences, ITD needs additional right-of-way and/or a frontage road adjacent to/through this property. Improvements to Overland Road in this area have not taken place in the recent past, and except for the signalization at SH 69, improvements are anticipated within the next 20 years. Based on past correspondence with ACHD, Planning staff believes that this site will add a significant amount of traffic to the roadway system upon build out. This site has over 500 feet of frontage on Overland Road. Based on future development applications staff is conditioning that the Applicant enter into a development agreement with the City to require improvements (landscaping, sidewalk, bike lane, road widening, turn-lane, etc.) to Overland Road, subject to ACHD requirements, with site-specific standards conditions to be met in accordance with approval of the subject development. On December 3, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it contains several non-conforming uses that do not meet standards for service. Because the applicant has not identified all future buildings within this development, such buildings will be subject to further review and comments by Meridian Fire Department. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for annexation can be served adequately by all essential public facilities and services as conditioned. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If this annexation/development is approved, the developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the convenience store uses involve activities, processes, materials, equipment or conditions that could produce excessive traffic, noise, fumes and/or odors, as well as other negative public impacts. A kev auestion that should be discussed at the public hearinQ is whether the impacts will be "excessive." MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. In the Applicant's letter, they do not address the convenience store. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would prevent detrimental effects. In order to establish flliide1ines to mitiQate the anticipated detrimental aspects of the proposed and existinQ uses the Applicant should clarify the proposed uses durinQ the public hearinQ. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that any future uses !!illY impact the level and flow oftraffic on the surrounding roadways. Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). ACHD has not evaluated the proposed access to this site from Overland Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). The ITD and ACHD reports for future site projects should provide additional information regarding this portion of this finding. Staff feels that the accesses will be adequately addressed by future applications. ITD has indicated to the City the policy for access to a Type IV Principal Arterial (SH 69) will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis (see letter from ITD). ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. Staff finds that no curb cuts or access to Kuna-Meridian Road shall be taken from this site upon development. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. Future development shall be in compliance with the Scenic and Historical Byway goals and policies. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff finds that the annexation and zoning of this property as mitigated through a development agreement may be in the best interest of the City for the following reasons: the developments in the area have developed in a fashion similar to the proposed rezone area (commercial); municipal sanitary sewer and water systems are readily available to provide service; the proposed retail stores use may involve activities, processes, materials, equipment and/or conditions that will produce additional traffic, noise, fumes and/or odors, as well as other negative public impacts that can be mitigated through development of the site; the existing uses that are to remain, signage, landscaping, public infrastructure (sidewalk, bike lanes), screening, drive-aisles, or parking, are to be brought into compliance with current City Code upon development of the site; the existing building setbacks, landscaping, and lack of a frontage road or accounting for additional right-of-way on Kuna-Meridian Road does not meet policies outlined in the Comprehensive Plan and Meridian City Code and would be required prior to redevelopment of the site; · Mr. Howell has the following violations of Ada County Code, Title 8 existing on his property that will be mitigated through redevelopment of the site: · According to the Ada County Code Enforcement Officer, Mr. Howell has a non-permitted Junkyard. At the present time without having an approved detailed site plan, the area where the existingjunk automobiles are being displayed is in violation of Ada County Code. ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process._The DA shall incorporate the following: · All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. · Prior to issuance of any building permit on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the conditions of ACHD and lTD. MERIDIAN FIRE DEPARTMENT CONDITIONS (AZ-04-031) The Meridian Fire Department has not provided written testimony for the annexation. The fire agency has indicated to staff during the agency comments meeting that they would be requiring compliance upon redevelopment of the site. In particular, they noted the following specific concerns: · The underground storage tanks for the convenience store shall be verified as registered with the Department of Environmental Quality · The tank located at the right of way between Overland Road and Kuna-Meridian Road (SH 69) shall be relocated to an appropriate location. · All flammable fluids contained in the junkyard shall be disclosed and/or stored in an appropriate and defined location. · The remediation of any gasoline spills shall be verified as clean or in progress of being remediated. January 28, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 1, 2005 ITEM NO. 5~E REQUEST Permanent and Temporary Easement Contract for the North Slough Sanitary Sewer Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See affached ~~1fL/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the city of MeridIan. CitY of Meridian Public Works Dept. JAN 2 ~ 2005 City of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 01/24/2005 Re: Proposed Agenda Item for February 1, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 1 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and TemporalV Easement Contract for the North Slouqh SanitalV Sewer Proiect. A permanent and temporary easement has been signed by Kenneth and Sharon Aschenbrenner for the construction of the sanitary sewer on their property north of McMillan Road and east of Meridian Road for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the sanitary sewer on the property north of McMillan Road and east of Meridian Road for the landowners Kenneth and Sharon Aschenbrenner and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 103083 - North Sloue:h Sewer Trunk Line Parcel # and Owner: 10 S0530325400 Kenneth L. & Sharon Aschenbrenner Date of Offer; Cktober 26 2004 THIS RlGHT-OF-WAY CONTRACT, was made this _ day of ,20_, between the City of Meridian, acting by it Mayor and Council, herein Called "CITY" and Kenneth & Sharon Aschenbrenner, herein called "GRANTOR", VlHEREAS, subject to the tenns outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A-I", "A-2", and "B-1" dated Jan. 11,2005: NOW THEREFORE, the parties hereto agree as follows: 1. A. CITY shall pay GRANTOR and the lien holder, jf any, such sums of money and/or benefits as are set out below: ITEM DESCRlBED AREA (Ft1) Permanent Easement 63,598 Temporary Easement 107,]58 GROSS VALUE ($/Ft1) $ 0.8953 $ 0.8953 VALUATION FACTOR 50% 12% EASEMENT VALUE ($) TOTAL EASEMENT CASH SETTLEMENT AMOUNT $ 28,469 ~ $ 39,982 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for both the permanent and temporary easement as determined by a certified real estate appraiser: M Cash Payment'" in the amount of. $39,982.00 to be paid to: Pioneer 1031 Company FBO Kenneth and Sharon Aschenbrenner o Donation value of the easement "'Grantor will receive payment for the pennanent easement within four weeks following the recording of the easement and payment for the temporary construction easement at the expiration of the construction contract. 3. The Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the perfOlmance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that accnunt or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 4. The term of tIle temporary easement sha11 expire when the construction contract terminates. 5. The parties whose name appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which tms document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WEREOF, the parties have executed this contract the day and year first above WTitten. CITY OF MERIDIAN GRANTORS )i::~ By: Tammy de Weerd, Mayor Date: William Berg, Jr., City Clerk Date: M/Vu"1"V ~o ;leaS- ATTEST: Date approve by Council: J0803SJProperty Owner/04-614 die SANITARY SEWER EASEMENT THIS INDENTURE, effective this .:?tJ~ day of~, 2001", by the undersigned Kenneth and Sharon Aschenbrenner 1 who maintains a mailing address of. 6995 S. Ridgewood Road_, Nampa , ID 83687 ,hereafter referred to as "GRANTOR" forthe benefit of the City of Meridian, a municipal corporation ot the State of Idaho that maintains a maifing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-at-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration at the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-ot-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED lEGAL DESCRIPTIONS) The permanent easement hereby granted is for the purpose of construction and operation ot a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the tree right ot access to such facilities at any and all times. . The temporary construction easement is tor the purpose ot construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates at which time payment for the temporary construction easement will be sent by certified mail to the GRANTOR by the CITY. TO HAVE AND TO HOLD, the said permanent easement and right-ot-way unto the said CITY; its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITYwHl not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 2 THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good a nd lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. /~ -:7 ~______ Kenneth Aschenbrenner dLMJ>& Il~~ Sharon Aschenbrenner STATE OF IDAHO) ) 5S County of Ada ) On this ;lolj day of Q:g~, ~before me C (.... f (7~(r:fvi-L , personally appeared _Kenneth and_Sharon Asch~nbrenner I proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the withi~J~OO/J()~~t, and acknowledged that they executed the ~ame. / ':~\~;.~~ l/ ;"'" ('(:~~~"j~ ) \~~~,...........~ a ,./ ...."#,~;~.~..~~,~,,.,. ~ ~ NOTARY PUBLIC FOR IDAHO My Commission Expires on 7 ~ ( q - c) ~- Beneficiary: CITY OF MERIDIAN By Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: SANITARY SEWER EASEMENT, Page 2 of 2 LEGAL DESCRIPTION FOR PERMANENT SEWER EASEMENT PARCEL # S0530336200 OWNED By Kenneth L Aschenbrenner and Sharon Aschenbrenner This pennanent sewer line easement is situated within the SW ~ of Section 30, Township 4 N, Range 1 E, Boise Meridian, Ada County, State ofJdaho. Being an easement 30 feet in width, 10 feet right and 20 feet left along the following described line with sidelines of said easement shortened or lengthened to fit the grantor's property lines: Commencing at the SW comer of Section 30; thence along the westerly line of the SW ~ of said Section 30, NOo024' 38"E, a distance of2640.] 4 more or less feet to the W y.j comer of said Section 30; thence along S00024'38"W a distance of69.93 feet to the POINT OF BEGINNING Thence S88035'23"E a distance of 193.15 feet to a point; Thence S820 18 '04"E a distance of 196.65 feet to a point; Thence Sn045'29"E a distance of 120.1] feet to a point; Thence S69055' 15"E a distance of 1 07.89 feet to a point; Thence S58012'31"E a distance of98.51 feet to a point; Thence S44000'38"E a distance of80.30 feet to a point; Thence S41 032' 17"E a distance of 413.79 feet to a point; Thence N48027'43"E a distance of270.00 feet to a point; Thence S4 1032' 17"E a distance oD07.75 feet to a point; Thence S6004 I '32"E a distance of 60.46 feet to a point; Thence S8903] '27"E a distance of 123.49 feet to a point; Thence S89032 '28"E a distance of ] 51.77 feet more or less to a point on the easterly line of said parcel #S0530336200, also being the END POINT ofthis easement description. The easement described contains 1.46 acres more or less Basis of Bearing NOo024'38"E from the SW comer of Section 30 to the West ~ comer of Section 30. See: Exhibit "A-2" Exhibit A-I Date l/11/2005 """,..)~!.~..._..._...__._.._..._...-'CC1lQJ;lJN.E_..._..._..._... ..._..._~_..._... ;i(~:8~-:7::.'::~":':-:':_:,,::~;\"~m",,~~, ! "~~ ' . . ''{~'v<&9' I. 1 ><x 4' ....~. j {,- ~\ ~0. jElilWlEJ/T f}.SD!ElIf /~\ II ""'::,>" /~;;>'~0<", <~"'" [; ~ fQ' "<>~ '~\<'\\ &H6' I~ ~ iJi' fl'4' ~'oo...oo "~~~":~;L'::~:: i~ . /#' II; " :'.. ff. ~~ i~ ~~~ ~ ! I! l~ _...~~;i'- '--'-"'-"'-"'-'''-'''-'''-iiiiiiiirlm''''-'''-''-'''-'''- SECTION 30 T.4N., R.1E., B.M. SW 1/4 REV. NO. DESC. CITY OF MERIDIAN PUBLIC WORKS DRA\.fN BY: _~iL DATE: -"~n..:.... 11_. 2002.- PROJECT: CKID BY: __~ SCALE: N.T.S. APPROVED: NORTH SLOUGH SANITARY SEWER TRUNK m1 ! ! I I ! f I t ! ~~ ! i~ r !~ !~ !~ ! mJ..._ S 1/4 Cor. CK/D: LEGAL: A PORTION OF SEC. _~, D\JG. No: R\J. .., ------nAfE TDt~o. R..LE., 8.M., ADA COUNTY, SHEET ~; - - --- EXHIBIT A-2 CITY ENGINEER '<rlIl.j!y,~ '-"'-.-..-...- ._...--'CCllO..!!l1llt_..._..._ ._... _..._..._~_._. · - ~~~--=:';'Z~::~~-':-_ ., '~olZ""\JW' P.D.a. '\ - --- ___ --_ -/ S+i"OO'JIl1: \ ---.. ___ -<............ ':-, ao.J(l' 50' TeJr;:~l~- ~); ~)~( rlWlOlT U5atEm //~~1> 1.09!(; ", \~~~>v/;~;;;::~~;~'" '\ , " / /" -G.,l',,";''' S6O'11'3n .. / "~';>~M':~:~~~~~;;:=~~;~ l (V 12J.19T 151.# F~ #' &~.$Y ~fJ,,">.:I' ~$~~ ~<<.~ ~ ~ ~ ~ 't I! j~ -...k~~n._..._..._n._n._ j SEC. 3(1 '-"'-sECTIciNnUNE SECTION 30 T.4N., R.1E., B.M. SW 1/4 REV, NO. DESC, CITY OF MERIDIAN PUBLIC WORKS DRA \IN BYI_AIi.. DA TEl _~-=- J]_, 200~ PROJECTI CKID BY: __~ SCALE; N.T.S. APPROVEDI NORTH SLOUGH SANITARY SEWER TRUNK CITY ENGINEER LEGAL: A PORTION OF SEC. _~, D'vIG, No: R\I, ,. --nAfE rD~UO. R.l.E., 8.M., ADA COUNTY, SHEET ~F'- - --- .nl I ! J I ! r I t ! ~ I i~ ) j~ Ii r~ I ...In._ S 1/4 Cor. CK/D: EXHIBIT B-1 January 28, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 1, 2005 ITEM NO. 5~G REQUEST Agreement for Professional Services for 8DS Lock Box AGENCY COMMENTS CITY CLERK: See affached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: {I; rrro ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meellngs shall become property of the City of Meridian. Billing Document Specialists Disaster Recovery Contingency Plan - Primary Production Facility Disaster History - We have snowfall and extreme heat but nothing causing anything more than a minor inconvenience or delay in travel. We truly enjoy the beauty of all four seasons with up to 6" of snow a day or two in the winter and a couple of 100+0 days in the summer. Disaster Recovery Contingency Plan Redundancy of Eauioment and Seryice - Eauiument - Similar to our primary production center, maintaining redundancy in equipment capacities is our first line of defense for disaster recovery on equipment failures. Our normal production center is on-line from 7:00am to 7:00pm five days a week. If one of the three pieces of equipment were to fail, we have excess production capacity time available 0:00pm to 7:00am and weekends) to meet deadline deliveries. Service - Disaster recovery for service is a two tiered design. The first tier is disaster recovery for facility damage but not destruction. If this were to happen, there are two units in storage, off site, that have similar capacity as the equipment within the building. These are units formally in production that are 100% functional but slower in speed and lacking some of the features the newer units. Rather than discard or trade them in we elected to keep them for backup security The second tier of service disaster recovery would be complete destruction of the facility. We have verbal agreements with two large organizations located in Boise that are running similar equipment at their headquarters in Boise. The agreement is to provide one another backup service capacity to allow the site with the problem to use the other company's equipment to process the jobs needing immediate attention. Tape back ups of all data stored within our database are kept off-premise '\\"6elfly Aill!Y to provide back up in the case of equipment failure or disaster. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this _ day of , 2005, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (by and through its Utility Billing Office), hereinafter referred to as nCITyn, and Valli Information Systems, Inc doing business as Billing Document Specialists, hereinafter referred to as "BDS", 915 Main Street, Suite 300, Caldwell, Idaho 83605, a corporation organized under the laws of the State of Idaho. PREMISES: 1. Whereas, the City of Meridian provides utility billing services for water, sewer, and garbage services; and, 2. Whereas, the City desires to facilitate the provision of those services by utilizing the professional services ofBDS; and, 3. Whereas, the City and BDS have agreed upon the terms and conditions under which BDS will provide timely and accurate billing processing services at a fair and reasonable price. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services: BDS shall perform all services, and comply in all respects, as specified in the document titled "Utility Billing Lockbox Scope of Services" a copy of which is attached hereto as Exhibit "Aft and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30,2005 unless earlier terminated or extended. 3. Indemnification and Insurance: a. Indemnification. BDS shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by BDS, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. -1- b. Insurance. BDS shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 ofthe Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, BDS covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, BDS shall maintain Workers Compensation Insurance, in the statutory limits as required by law. c. Certificate of Insurance. BDS shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing BDSts compliance with the requirements of this paragraph and file such proof of insurance with the City. In the event the insurance minimums are changed, BDS shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho, Boise, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, BDS shall be acting as an independent contractor, and neither BDS nor any officer, employee or agent ofBDS will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: For performing the services specified herein, CITY agrees to pay BDS $.10 per item posted as described in Exhibit "A." City also agrees to reimburse BDS $130.00 per year for the Post Office box rental charge upon presentation to City of proof of payment. 6. Method of Payment: BDS will invoice the City of Meridian Accounting Department at 33 East Idaho, Meridian, ID 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices within thirty (30) days after receipt. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33 E. Idaho Street -2- Meridian, Idaho 83642 BILLING DOCUMENT SPECIALISTS 915 Main Street, Suite 300 Caldwell, Idaho 83605 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that BDS shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, BDS shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. 13. Audits and Inspections. At any time during nonnal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all ofBDS's records with respect to all matters covered by this Agreement. BDS shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. -3- 14. Publication, Reproduction and Use of Material. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws. In performing the scope of services required hereunder, BDS shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes. The City may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount ofBDS's compensation, which are mutually agreed upon by and between the CITY and BDS, shall be incorporated in written amendments to this Agreement. 17. Termination. If, through any cause, BDS, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the City shall thereupon have the right to terminate this Agreement by giving written notice to BDS of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. BDS may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any tern1ination of this Agreement, all finished or unfinished documents, data, and reports prepared by BDS under this Agreement shall, at the option of the CITY, become its property, and BDS shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, BDS shall not be relieved ofliability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by BDS, and the City may withhold any payments to BDS for the purposes of set-off until such time as the exact amount of damages due the CITY from BDS is determined. This provision shall survive the termination of this agreement and shall not relieve BDS of its liability to the CITY for damages. -4- 18. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State ofIdaho, and the ordinances of the City of Meridian. 21. Approval Required. This Agreement shall not become effective or binding until approved by the City of Meridian. VALLI INFORMA nON SYSTEMS, INC dba BILLING DOCUMENT SPECIALISTS ROBERT O. JENKINS, PRESIDENT CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO, : ss: -5- County of Ada, On this _ day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert O. Jenkins, known or identified to me to be the President of Valli Information Systems, Inc, dba Billing Document Specialists and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Valli Information Systems, Inc. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires:_ STATE OF IDAHO, : ss: County of Ada, On this _ day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires:_ -6- Exhibit "A" Utility Billing Lockbox Scope of Services 1. Summary of Services A. BDS shall provide lockbox mail collection services, including timely deposits and efficient processing of remittances for the City's utility payments. B. BDS shall provide daily electronic transfer, including: a. Transmit a data file transfer to City by 5 pm on each banking day. b. Return all payments and stubs relating to exceptions to the City. c. Payments shall be transferred by electronic file. C. BDS shall collect incoming mail from the Post Office box specified by City the morning of each banking day. D. BDS shall open envelopes, remove and inspect the enclosures, match check amounts to invoices, batch and process payment with exceptions batched and processed separately. Exceptions shall be scanned and sent back to City and all money shall be deposited to bank in separate deposit. E. BDS shall scan all processed checks and payment coupons, scan all documents, and house them on vendor server. The City of Meridian shall have access to scanned documents via a secure web site and access to deposit slips and the remit report via e-mail by 5 p.m. on the same business day as the pickup of payments. Other non-transaction input documents, deposit slips, unmatched input documents, correspondence etc shall be forwarded to the City by noon of the day following the transmission of the reports. F. BDS shall deposit all receipts daily by 5pm on the same banking day as received, to the bank account specified by the City. 2. System Soecifications for Electronic Transfers A. Capability to transmit data files to City in fixed record length ASCII text format. Transmission deadline shall be no later than 5 pm for the same day's transactions. The City is responsible for notifying BDS if the file is not received. B. Notify Utility Billing per e-mail by 5 p.m. when files are transmitted and ready for processing by the City. Utility Billing Lockbox Scope of Services - Page 1 of 4 C. Entire transmission process shall take no longer than I hour each, per day, including notifications to City, except that BDS shall not be responsible for internet down time or other transmission delays beyond their control. D. There shall be no differentiation between handling of delinquent accounts and regular payments. E. The following are the data requirements for the lockbox vendor for each payment received: a. Utility Billing Account Number b. Dollar amount remitted for this account number Date input d. Bill to name e. Identification of any name or address changes f. Dollar amount of invoice F. Batch Identification. Clearly label each bundle of source documents whether payments or exceptions to identify: a. Unique ID number b. Total dollar amount of each batch c. Total number of items in each batch G. Daily Reports. A daily printed or electronic report showing the following items: a. Utility Billing account number b. Bill to name c. Dollar amount remitted to the corresponding account number d. Batch totals together with batch ID Grand total of all accounts remitted balanced to the total of all related invoices f. Any customer notations or comments on the return stub to be returned to the City. H. BDS shall provide proof of redundancy in equipment and personnel and contingency plans to provide uninterrupted service. 1. Mail Processing. Mail shall be retrieved Monday through Friday at 8 am. Saturday mail to be retrieved at Monday pick-up. Holiday mail to be handled on the next business day. J. Staffing. Adequate staff shall be on hand and cross trained to accommodate varying workload for lock box service. Within the 3 divisions that make up BDS there shall be significant number of personnel with experience in bookkeeping and/or accounting. All of these personnel shall be cross-trained in the correct procedures for working with the City of Meridian lockbox project. Necessary staff shall be configured on a Utility Billing Lockbox Scope of Services - Page 2 of 4 daily basis depending upon the volume ofmaiI/receipts received. A 3- person processing team shall always be involved, as well as a supervisor. This shan provide the necessary personnel to maintain appropriate security at all times. K. Currency and coin control. In the event that cash is received, it shall be posted in a log when the envelope is opened; with a secondary initial signifying that cash amount noted is correct. A copy of the log shaU be mailed electronically to City of Meridian along with the deposit slip copies in the afternoon. 3. PaYment ProcessinQ: A. Three positions shall be employed by BDS to assure dual control. Position I shall open envelopes and fUn tapes on checks in multiples of 50 and prepare daily deposits. Position II shall be responsible for scanning and posting checks to appropriate customer accounts, assuring that totals on tapes and deposit slips match batch totals. Position III shall take deposits to bank, scan bank receipt to be sent with data transfer, and send reports to the City of Meridian. B. The main 3 positions shall be as noted above. If an exception item is found in an existing batch (example: an online payment with an incorrect account number), the item shall be noted on the tape with an HE", the total on the tape corrected and the deposit slip corrected. All three documents shall also require initials of the person that pulled the item as an exception item and their supervisor. This will provide a documentation trail when the deposit slips are scanned and shall preserve the integrity of dual control. Daily balance reports shall be faxed prior to 5pm to confirm deposit amounts. Deposit slips and bank receipts shall be scanned and available on the secure web site. C. Out of balance conditions shall be researched and corrected daily. D. Exception items shall be scanned and deposited as separate batch from routine receipts. Appropriate measures shall be taken to assure that they cannot be posted as normal payment/receipt. E. Other non-transaction input documents, deposit slips, unmatched input documents, correspondence or other related documents shall be forwarded to the City by noon of the day following the transmission of the reports as desired. 4. Disaster Recoverv Utility Billing Lockbox Scope of Services - Page 3 of 4 In the case of an automated equipment or system failure the attached Disaster Contingency Recovery Plan shall be applicable. 5. Oualitv List and describe internal quality standards including: A. Scanner shall endorse backs of checks with bank name and account number of the City of Meridian. B. All data to be transmitted to City of Meridian prior to 5pm daily C. Check copies and deposit slips will be filed for viewing on secure web site, no transmission is necessary. Faxes of daily reports shall have confirmation receipt requested to assure receipt by City of Meridian. Any information sent bye-mail shall also be sent with a system-generated delivery receipt. D. Scan quality of all documents will be clear and legible. E. BDS shall investigate errors internally to see what the cause may have been, check processes and documentation and conduct training ifneeded to prevent future errors. 6. Charges. A. Rate charged is $.1 O/posting rather than $.1 O/check (Example: one check with 4 stubs = $.40 total charges). Exception items shall be charged at same rate as regular items. B. Lock Box Rental Charge. #4 Post Office box (dimensions lOw x Ilh x 14d) at cost of$130 annually. If day's mail should exceed capacity of box, excess shall be put in tub and held for pick up per notice in PO Box. Utility Billing Lockbox Scope of Services - Page 4 of 4 l'age 1 or 1 Will From: Stacy Kilchenmann Sent: Friday, January 28,200511 :47 AM To: Will Berg Subject: Lockbox Contract Ted prepared the lockbox contract and I believe Michelle typed it. So, the typing probably is in the correct legal format. The amount of the contract is under $25,000 and therefore meets the professional selVices under $25,000 criteria. 1/28/2005 ( jJItf '1. IlkWPY- ,;\ j1.( r e\ .1, AGREEMENT ']3/;;tlff ;tdaho po.. ). yP FOR IIV€I1tu!- P .~vv tW PROFESSIONAL SERVICES / )'VJe-llc1it:iJ~1 WCf" ~[t I dpt/tp 6 J 641- ~ a: THIS AGREEMENT, made this _ day of , 2005~y and between the City of Meridian, a municipal corporation organized under the laws ot~~e State of Idaho (by and through its Utility Billing Office), hereinafter referred to as IICITY", and Valli Information Systems, Inc doing business as Billing Document Specialists, hereinafter referred to as ''BDS'', 915 Main Street, Suite 300, Caldwell, Idaho 83605, a corporation organized under the laws of the State of Idaho. PREMISES: 1. Whereas, the City of Meridian provides utility billing services for water, sewer, and garbage services; and, 2. Whereas, the City desires to facilitate the provision ofthose services by utilizing the professional services ofBDS; and, ~t'I)~ ~ \OfP,_~j' Uf()f' p J}( {lO'l' ,~ Ffr JOI 1'(\ 3. Whereas, the City and BDS have agreed upon the terms and conditions under which BDS will provide timely and accurate billing processing services at a fair and reasonable price. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services: BDS shall perfonn all services, and comply in all respects, as specified in the document titled "Utility Billing Lockbox Scope of Services" a copy ofwmch is attached hereto as Exhibit "A" and incorporated herein by tbis reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2005 unless earlier terminated or extended. 3. Indemnification and Insurance: a. Indemnification. BDS shall indeI1111ifjr and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by BDS, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. -1- I!f)t{f hi lfk! -11-hJ1fl'!JI)/lhJj [o(l~ /;0 X se rV/c.e.s jJ~ 1#16 J ~v~p) 1y fJT xtJIJ- ~ !frY k~,J ", \19 {tV t'- '1 ) 'vJt ' -2- b. Insurani)BDS shall maintain, and specifically agrees that it will maintain, througliout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 ofthe Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnifY and save and hold hannless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, BDS covenants and agrees to indemnifY and save and hold hannless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, BDS shall maintain Workers Compensation Insurance, in the statutory limits as required by law. c. Certificate ofInsurancDDS shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing BDS's compliance with the requirements of this paragraph and file such proof of insurance with the City. In the event the insurance minimums are changed, BDS shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idah~ ~daho 8,36~2. !JIH.ent1c lYler-lalal\., Independent Contractor: In all matters pertaining to this agreement, BDS shall be acting as an independent contractor, and neither BDS nor any officer, employee or agent ofBDS will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: For perfonning the services specified herein, CITY agrees to pay BDS $.10 per item posted as described in Exhibit "A." City also agrees to reimburse BDS $130.00 per year for the Post Office box rental charge upon presentation to City of proof of payment. /lvl/lu...R../ Method ofPayme~DS ~voice the City ofMeridi~ccounting Department at 33 East Idaho, Meridian, ill 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices within thirty (30) days after receipt. 6. 7. N oticQ'S: lAny and all notices required to be given by either of the parties hereto, unless 6fuerwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian 33l3f Idaho~ flV~h t[ <L E~ '; + Meridian, Idaho 83642 BILLING DOCUMENT SPECIALISTS 915 Main Street, Suite 300 Caldwell, Idaho 83605 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fe~Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as detennined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of tbe Essenc€)rhe parties hereto acknowledge and agree that time is strictly of the essence WIth respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that BDS shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In perfonning the Services required herein, BDS shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and infonnation as the City may request pertaining to matters covered by this Agreement. 13 _ Audits and Inspectionfl.\t any time during normal business hours and as often as the City may deem ne~ssary, there shall be made available to the City for examination all ofBDS's records with respect to all matters covered by this Agreement. BDS shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. -3- -4- 14. Publication, Reproduction and Use of Materi~o material produced in whole or in part under this Agreement shall be subict to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use; in whole or in part, any reports, data or other materials prepared under this Agreement. Compliance with Lawj;ln performing the scope of services required hereunder, BDS shall comply with in( applicable laws; ordinances, and codes of Federal, State, and local governments. 15. 16. Chang~he City may, from time to time, request changes in the Scope of Services't6 be performed hereunder. Such changes, including any increase or decrease in the amount ofBDS's compensation, which are mutually agreed upon by and between the CITY and BDS, shall be incorporated in written amendments to this Agreement. 17. Terminatio.f)If, through any cause, BDS, its officers, employees, or agents fails to fulfill in a'tifuely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement; falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the City shall thereupon have the right to tenninate this Agreement by giving written notice to BDS of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. BDS may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents; data, and reports prepared by BDS under this Agreement shall, at the option of the CITY, become its property, and BDS shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, BDS shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by BDS, and the City may withhold any payments to BDS for the purposes of set-off until such time as the exact amount of damages due the CITY from BDS is determined. This provision shall survive the termination of this agreement and shall not relieve BDS of its liability to the CITY for damages. 18. Construction and Severabilitt: 1r any part of this Agreement is held to be invalid or unenforceable, such hofding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreeme~h.is Agreement contains the entire agreement of the parties and supersedes anrand all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law:Jrhis Agreement shall be governed by and construed and enforced in acco~ance with the laws of the State of Idaho, and the ordinances of the City of Meridian. Approval Required:)rhis Agreement shall not become effective or binding until approved by the City.{fMeridian. 21. VALLI INFORMATION SYSTEMS, INC dba BILLING DOCUMENT SPECIALISTS ROBERT O. JENKINS, PRESIDENT CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK x ~~~V r;ATE OF IDAHO, ) ~~Y'b I ~H : ss: -5- County of Ada, On this _ day of . 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert O. Jenkins, known or identified to me to be the President of Valli Information Systems, Inc, dba Billing Document Specialists and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Valli Information Systems, Inc. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires:_ STATE OF IDAHO, : ss: County of Ada, On this _ day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires:_ -6- Exhibit" A" Utility Billing Lockbox Scope of Senices 1. Summarv of Services A. BDS shall provide lockbox mail collection services, including timely deposits and efficient processing of remittances for the City's utility payments. B. 5:&0 ph-\. !vi 5r BDS shall provide daily electronic transfer, including: a. Transmit a data file transfer to City bG.eu each banking day. b. Return all payments and stubs relating to exceptions to the City. c. Payments shall be transferred by electronic file. C. BDS shall collect incoming mail from the Post Office box specified by City the morning of each banking day. D. BDS shall open envelopes, remove and inspect the enclosures, match check amounts to invoices, batch and process payment with exceptions batched and processed separately. Exceptions shall be scanned and sent back to City and all money shall be deposited to bank in separate deposit. E. BDS shall scan all processed checks and payment coupons, scan all documents, and house them on vendor server. The City of Meridian shall have access to scanned documents via a secure web site and access to deposit slips and the remit report via e-mail b~on the same business day as the pickup of payments. Other non-transaction input documents, deposit slips, unmatched input documents, correspondence etc shall be forwarded to the City by noon of the day following the transmission of the reports. BDS shall deposit all receipts daily b~n the same banking day as received, to the bank account specified:"iYthe City. F. 2. System Soecifications for Electronic Transfers A. Capability to transmit data files to City in fixed reco~ngth ASCII text format. Transmission deadline shall be no later thatt1..P.ni for the same day's transactions. The City is responsible for notifying BDS if the file is not received. Notify Utility Billing per e-mail b@..when files are transmitted and ready for processing by the City. ..--- B. Utility Billing Lockbox Scope of Services - Page 1 of 4 C. Entire transmission process shall take no longer than 1 hour each, per day, including notifications to City. except that BDS shall not be responsible for internet down time or other transmission delays beyond their control. D. There shall be no differentiation between handling of delinquent accounts and regular payments. E. The following are the data requirements for the lockbox vendor for each payment received: a. Utility Billing Account Number b. Dollar amount remitted for this account number c. Date input d. Bill to name e. Identification of any name or address changes f Dollar amount of invoice F. Batch Identification. Clearly label each bundle of source documents whether payments or exceptions to identify: a. Unique ill number b. Total dollar amount of each batch c. Total number of items in each batch G. Daily Reports. A daily printed or electronic report showing the following items: a. Utility Billing account number b. Bill to name c. Dollar amount remitted to the corresponding account number d. Batch totals together with batch ID e. Grand total of all accounts remitted balanced to the total of all related invoices f Any customer notations or comments on the return stub to be returned to the City. H. BDS shall provide proof of redundancy in equipment and personnel and contingency plans to provide uninterrupted service. 1. Mail Processing. Mail shall be retrieved Monday through Friday ~ Saturday mail to be retrieved at Monday pick-up. Holiday mail to be handled on the next business day. 1. Staffing. Adequate staff shall be on hand and cross trained to accommodate varying workload for lock box service. Within the 3 divisions that make up BDS there shall be significant number of personnel with experience in bookkeeping and/or accounting. All of these personnel shall be cross-trained in the correct procedures for working with the City of Meridian lockbox project Necessary staff shall be configured on a Utility Billing Lockbox Scope of Services - Page 2 of 4 daily basis depending upon the volume of maiJJreceipts received. A 3- person processing team shall always be involved, as well as a supervisor. This shall provide the necessary personnel to maintain appropriate security at all times. K. Currency and coin control. In the event that cash is received, it shall be posted in a log when the envelope is opened; with a secondary initial signifying that cash amount noted is correct. A copy of the log shall be mailed electronically to City of Meridian along with the deposit slip copies in the afternoon. 3. Pavment Processing A. Three positions shall be employed by BDS to assure dual control. Position I shall open envelopes and run tapes on checks in multiples of 50 and prepare daily deposits. Position II shall be responsible for scanning and posting checks to appropriate customer accounts, assuring that totals on tapes and deposit slips match batch totals. Position ill shall take deposits to bank, scan bank receipt to be sent with data transfer, and send reports to the City of Meridian. B. The main 3 positions shall be as noted above. If an exception item is found in an existing batch (example: an online payment with an incorrect account number), the item shall be noted on the tape with an "E", the total on the tape corrected and the deposit slip corrected. All three documents shall also require initials of the person that pulled the item as an exception item and their supervisor. This will provide a documentation trail when the deposit slips are scanned and shall preserve the~'nt 'ty of dual control. Daily balance reports shall be faxed prior 0 5~o confirm deposit amounts. Deposit slips and bank receipts SD i5{scanned and available on the secure web site. c. Out of balance conditions shall be researched and corrected daily. D. Exception items shall be scanned and deposited as separate batch from routine receipts. Appropriate measures shall be taken to assure that they cannot be posted as normal payment/receipt. E. Other non-transaction input documents, deposit slips, unmatched input documents, correspondence or other related documents shall be forwarded to the City by ~ of the day following the transmission of the reports as desired. 4. Disaster Recovery Utility Billing Lockbox Scope of Services - Page 3 of 4 5. Oualitv In the case of an automated equipment or system failure the attached Disaster Contingency Recovery Plan shall be applicable. List and describe internal quality standards including: A Scanner shall endorse backs of checks with bank name and account number of the City of Meridian. r---: All data to be transmitted to City of Meridian prior (0 5pnydaily Check copies and deposit slips will be filed for viewln:g-On secure web site, no transmission is necessary. Faxes of daily reports shall have confirmation receipt requested to assure receipt by City of Meridian. Any information sent bye-mail shall also be sent with a system-generated delivery receipt. Scan quality of all documents will be clear and legible. BDS shall investigate errors internally to see what the cause may have been, check processes and documentation and conduct training if needed to prevent future errors. B. C. D. E. 6. Charges. A Rate charged is $.1 O/posting rather than $.lO/check (Example: one check with 4 stubs = $.40 total charges). Exception items shall be charged at same rate as regular items. B. Lock Box Rental Charge. #4 Post Office box (dimensions lOw x 1lh x 14d) at cost of$130 annually. Ifday's mail should exceed capacity of box, excess shall be put in tub and held for pick up per notice in PO Box. Utility Billing Lockbox Scope of Services - Page 4 of 4 Billing Document Specialists Disaster Recovery Contingency Plan - Primary Production Facility Disaster Ristorv - We have snowfall and extreme heat but nothing causing anything more than a minor inconvenience or delay in travel. We truly enjoy the beauty of all four seasons with up to 6" of snow a day or two in the winter and a couple of 100+0 days in the summer. Disaster Recovery Contingency Plan Redundancv of Eouioment and Selvice- Eauioment - Similar to our primary production center, maintaining redundancy in equipment capacities is our ftrst line of defense for disaster recovery on equipment failures. Our normal production center is on-line from 7:00am to 7:00pm five days a week. If one of the three pieces of equipment were to fail, we have excess production capacity time available (7:00pm to 7:00am and weekends) to meet deadline deliveries. Service - Disaster recovery for service is a two tiered design. The ftrst tier is disaster recovery for facility damage but not destruction. If this were to happen, there are two units in storage, off site, that have similar capacity as the equipment within the building. These are units formally in production that are 100% functional but slower in speed and lacking some of the features the newer units. Rather than discard or trade them in we elected to keep them for backup security The second tier of service disaster recovery would be complete destruction of the facility. We have verbal agreements with two large organizations located in Boise that are running similar equipment at their headquarters in Boise. The agreement is to provide one another backup service capacity to allow the site with the problem to use the other company's equipment to process the jobs needin . mediate atte . n. Tape back ups of at!) data stored within our database are kept off-pr ise weel4y ~ to p vide back up in t I case of equipment failure or disaster. January 28, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 1, 2005 ITEM NO. 5-H REQUEST Permanent and Temporary Easement Contract for the Westborough Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See affached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. CitY of Meridian Public Works Dept. JAN 2 2005 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 01/27/2005 Re: Proposed Agenda Item for February 1, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the February 1 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Temoorary Easement Contract for the Westborouqh Subdivision Proiect. A permanent and temporary easement has been signed by Jake Centers for the construction of the sanitary sewer on their property north of McMillan Road and east of Meridian Road for this project. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the sanitary sewer on the property north of McMillan Road and east of Meridian Road for the landowner Jake Centers and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 EXHIBIT A SANITARY SEWER EASEMENT . . 1Afi' JM Oj5' d' THIS INDENTURE, effectIve thIs ~ day of _, 200 , by the un erslgned f)v--~r ,who maintains a mailing address of r17 ~f'f ~~ ~/'( ~ J /a../J , 10 J:..l1i..iJ hereafter referred to as "GRANTOR" for the benefit of the ity of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED LEGAL DESCRIPTIONS) The oermanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temoorary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates at which time payment for the temporary construction easement will be sent by certified mail to the GRANTOR by the CITY. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of2 THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. Ud< / Grantor _ STATE OF IDAHO) ) ss County of Ada ) On this wI!! day of JM. ,200~ before me .Jw-r~e: ~~ , personally appeared , proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. """"""""""'" /7 ./} 1 r....... +1. \.. 1(1!./:.~ "'" . I ~tiJZ,'// 'l /.:; "'.............~~~ \. L-f-(fi .f/ / / i {~OT..t..tJ.- \ : li/iW ,/tu' . /!//" i * ~.~ * ~ N9TAI).;YPUBUC F9R-1t1.A.HO. '\ (fl. Pl1.8L\C i v . . ~,~ 0 ,l I~JI5 / /\ /' ""')>~ OF n)~~,"'" My Commission Expires on / Un """........",' I Beneficiary: CITY OF MERIDIAN By Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: SANITARY SEWER EASEMENT, Page 2 of 2 ( Roylance & Associates P .A. 391 W. State Street, Suite E, Eagle, Idaho 83616 ( Engineers . 8U1veyors . Landplanners Telephone (208) 939-2824 Fax (208) 939-2855 January 13, 2005 Project No. 2586 Exhibit "A" Legal Description C5 Development, LLC Sewer Line Easement 4,302 Square Feet An easement situated in the Southeast One Quarter of the Northeast One Quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows; Commencing at a found brass cap momnnenting the Northeast Comer of said Section 30 on the centerline of North Locust Grove Road, thence following said centerline and the easterly line of said Section 30, South 00031'59" West a distance of 1494.23 feet to the POINT OF BEGINNING. Thence following said centerline and said easterly line, South 00037'59" West a distance of 10.00 feet to a point; Thence leaving said centerline and said easterly line, North 89050'16" West a distance of256.01 feet to a point; Thence 18.94 feet following the arc of a circular curve to the left, said curve having a radius of 175.00 feet, a central angle of 06014'02", a chord bearing of North 59001'13" West and a chord distance of 18.93 feet to a point; Thence leaving said northerly right-of-way North 00037'59" East a distance of 166.35 feet to a point; Thence South 89049'06" East a distance ofl 0.00 feet to a point; Thence South 0003 7'59" West a distance of 166.04 feet to a point; Thence South 89050'16" East a distance of262.35 feet to the POlNT OF BEGINNING. The above-described tract of land contains 4,302 square feet, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 208-939-2824 208-939-2855 (FAX) 01-13-05 X:\Projects\Centers\2586\Adrnin\LegaIs\Copy ofPR-SS LegaL doc ~ I i a::<lJ . I~g~ o 00 ail J~~~ . ,S~ j:&5~ g;j (L ~~a. ~ ~ .+~a.c5 ~o~ ic .......ro~ ; ig; crOD y~ ta- w >Z-- erOO W-ill C/)~(j) W>O 0:00.. WmO I:JO: ~C/)e:. January 28,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT February 1, 2005 ITEM NO. 5~1 REQUEST Budget Amendment - North Black Cat Trunk and Lift Station Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See affached ~vv-U Contacted: Emailed: Date: Staff Initials: Phone: MaterJals presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, City Clerk, Finance Date: 1/27/05 Re: February 1, 2005 City Council Meeting Agenda Item The Public Works Department requests that the item below be considered on February 1, 2005 City Council agenda, under Consent Agenda, for Council's consideration: Budaet Amendment - North Black Cat Trunk & Lift Station Proiect. We are requesting a budget amendment, along with creation of a new line item, for the "North Black Cat Trunk & Lift Station Project." This amendment will allow us to enter into contract with an engineering consultant during this budget year with construction scheduled to begin next fiscal year (possibly sometime in 2006). This budget amendment is for design only in the amount of $450,000. We will submit an enhancement request with the FY 2006 budget process for construction. As I stated to Council last fall, I have concerns about the timing of construction of this project in relation to the WWfP upgrade. However, we can certainly proceed with the design and have it available for bidding when the timing is "right." A map depicting the service area of this project is attached. Note: While I am asking that this be on the consent agenda, I would be happy to discuss further or answer any questions you may have. Recommended Council Action: Approve the budget amendment for the North Black Cat Trunk & Lift Station Project in the amount of $450,000 for FY 2005. Thank you, /~ January 28, 2005 MERIDIAN CITY COUNCIL MEETING February 1, 2005 APPLICANT ITEM NO. 5~J REQUEST Approve Bills AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~~ CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publlc meetings shall become property of the City of Meridian. January 28, 2005 MERIDIAN CITY COUNCIL MEETING Department Reports February 1 , 2005 ITEM NO. 6-A~ 1 APPLICANT Legal Department REQUEST Public Disturbance ordinance Amendment AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See affached ~Yi~f~,)V Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetlngs shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 6 OF THE MERIDIAN CITY CODE REGARDING EXEMPTIONS FOR NOISES CREATING PUBLIC DISTURBANCES; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 6, Chapter 3, Section 6, of the Meridian City Code is hereby amended to read as follows: 6-3-6: NOISES CREATING PUBLIC DISTURBANCE: A. Prohibited Acts: It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises: 1. Horns Or Sirens: The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; 2. Repetitive Motor Vehicle Sounds: The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; 3. Yelling Or Shouting: Yelling, shouting, hooting, whistling or singing on or near the public streets which unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; 4. Noise From Buildings: The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, band sessions or social gatherings; 5. Motor Vehicle Sound Systems: Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty feet (501) from the vehicle itself; NOISE ORDINANCE AMENDMENT - Page 1 of 3 6. Audio Equipment: Sound from audio equipment or anv device that amnlifies sound, such as tape players, radios, or compact disc players, operated at a volume so as to be audible greater than fifty feet (50') from the source, and if not operated upon the property of the operator. B. Exceptions: The feregeiag pre isieas sha-ll flet apJ31:, te regH1arl1 sekeaalea e ems at parks, saeH as pl:ll31ie aaaress 51 stems fer aaseba.U games ef J3arlc eeaserts. 1. Sounds caused bv any emergency vehicle or personnel when responding to an emergency call or acting in time of emergency. 2. Sounds caused bv activities unon anv outdoor municioal school religious or publiclv owned Dfooertv park or facility orovided that such activities has been authorized bv the owner of such nrooertv or facilitv or its agent. 3. Sounds caused bv oarades fireworks displavs or any other event for which a permit for that tvoe of activitv is reauired and has been obtained from the authorized governmental entity within such hours as may be imoosed as a condition for the issuance of said nermit. 4. Sounds caused bv locomotives or other railroad eauioment. 5. Sounds caused bv burglar alarms that are not in violation of the Meridian Citv Code. 6. Sounds caused bv safetv warning devices reauired bv law. 7. Sounds caused bv devices or machinery that is part of the use within the confines of the oarticular zoning designation that the device is located or nUfsuant to a conditional use oermit (i.e. drive-thru window speakers car lot p.a. svstems). 8. Sounds emanating from devices used within the common areas of a multi-unit facilitv whose use has been aoproved bv the owners or management of the facilitv. Said use must comolv with any regulations imposed bv the owners or management of the facilitv to be exemot under this ordinance. This exemotion onlv annlies in relation to other units within the same facility. C. Public Disturbance Noise Time Period: Public disturbance noises shall not be permitted within the city between the hours of eleven o'clock (11 :00) P.M. and six o'clock (6:00) A.M. or at any time so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of others. D. Violation, Penalties: Any person violating the provisions of this section shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 886,9-5-2000) NOISE ORDINANCE AMENDMENT - Page 2 of 3 Section 2. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this _ day of , 2004. APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of , 2004. APPROVED: MAYOR ATTEST: CITY CLERK NOISE ORDINANCE AMENDMENT - Page 3 of 3 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 6 OF THE MERIDIAN CITY CODE REGARDING EXEMPTIONS FOR NOISES CREATING PUBLIC DISTURBANCES; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 6, Chapter 3, Section 6, of the Meridian City Code is hereby amended to read as fol1ows: 6-3-6: NOISES CREATING PUBLIC DISTURBANCE: A. Prohibited Acts: It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises: 1. Horns Or Sirens: The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; 2. Repetitive Motor Vehicle Sounds: The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; 3. Yelling Or Shouting: Yelling, shouting, hooting, whistling or singing on or near the public streets which unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; 4. Noise From Buildings: The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, band sessions or social gatherings; 5. Motor Vehicle Sound Systems: Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty feet (50') from the vehicle itself; NOISE ORDINANCE AMENDMENT - Page 1 of3 6. Audio Equipment: Sound from audio equipment or anv device that amolifies sound, such as tape players, radios, or compact disc players, operated at a volume so as to be audible greater than fifty feet (50') from the source, and ifnot operated upon the property of the operator. B. Exceptions: The feregeiBg J3re isisBs shall BElt aJ3J31j tEl regularl) seheal:1lea e ems at parks, Sl:lefl as ]3$lie aaaress s) stems fer Baseeall games Elr J3afl( 6eBeeFts. 1. Sounds caused bv any emergency vehicle or personnel when respondim! to an emergency call or acting in time of emergencv. 2. Sounds caused by activities UDon anv outdoor municipal school religious or Dubliclv owned nronertv nark or facilitv orovided that such activities has been authorized bv the owner of such nroperty or facilitv or its agent. 3. Sounds caused bv Darades fireworks disolavs or any other event for which a nermit for that tvoe of activity is required and has been obtained from the authorized governmental entity within such hours as may be imposed as a condition for the issuance of said oermit. 4. Sounds caused by locomotives or other railroad equioment. 5. Sounds caused bv burglar alanns that are not in violation ofthe Meridian City Code. 6. Sounds caused by safetv warning devices required bv law. 7. Sounds caused bv devices or machinery that is Dart of the use within the confines of the oarticular zoning designation that the device is located or oursuant to a conditional use oermit (i.e. drive-thru window soeakers car lot O.a. systems). 8. Sounds emanating from devices used within the common areas of a multi-unit facilitv whose use has been aooroved bv the owners or management of the facilitv. Said use must comoly with any regulations imnosed bv the owners or management of the facilitv to be exemot under this ordinance. This exemotion onlv annlies in relation to other units within the same facilitv. C. Public Disturbance Noise Time Period: Public disturbance noises shall not be permitted within the city between the hours of eleven o'clock (11 :00) P.M. and six o'clock (6:00) A.M. or at any time so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of others. D. Violation, Penalties: Any person violating the provisions ofthis section shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 886, 9-5-2000) NOISE ORDINANCE AMENDMENT - Page 2 of 3 Section 2. That pursuant to the affirmative vote of one-half (112) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this _ day of . 2004. APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of ,2004. APPROVED: MAYOR ATTEST: CITY CLERK NOISE ORDINANCE AMENDMENT - Page 3 of3 January 28, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING February 1, 2005 APPLICANT Legal Department ITEM NO. 6~A~2 REQUEST Public Hearing Process AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See affached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~~b~ CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shalf become property of the City of MeridIan. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE REPEALING TITLE 1, CHAPTER 7, SECTIONS 7 (G) OF THE MERIDIAN CITY CODE REGARDING THE RULES OF PROCEDURE FOR PUBLIC HEARINGS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 7, Section 7(G), Meridian City Code is hereby amended to read as follows: 1-7-7: RULES OF PROCEDURE FOR PUBLIC HEARINGS: The following rules are hereby established, shall be observed in the conduct of any public hearing before the City Council, and shall be known as the "Meridian Rules of Procedure for Public Hearings": A. Sign Up To Testify: No person shall be permitted to testifY or speak before the City Council at a public hearing unless such person has printed his name, signed his name and written his residential address thereafter on sign-up sheets to be provided by the City. This rule shall not apply to staff or teclmical witnesses directed by the Mayor to give evidence or information to the City Council. B. Recognition By Mayor: No person shall be permitted to speak before the City Council at a public hearing until such person has been recognized by the Mayor. (Ord. 446, 2- 19-1985) C. Record Of Proceedings: All public hearing proceedings shall be recorded electronically or stenographically such that said proceedings are capable of being transcribed, and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate. The Mayor may order at any time that the record be transcribed. If a party other than an official of the City requests that the record be transcribed, he shall so request the Mayor to effect such, and all costs of preparing the transcript shall be paid in advance by the party so requesting. D. Time Limit For Speakers: In the notice of the public hearing or at the commencement of the public hearing, the Mayor may establish a time limit to be observed by all speakers. The time limit shall be established depending on the number of speakers who sign up for each public hearing and shall apply only to the speaker's comments. The Mayor may also, either in the notice of the public hearing or at the close of the hearing, indicate that written testimony shall be received and set a date and time when such written testimony must be submitted in order to be included in the written report. E. Interruption Of Speaker Prohibited: The speaker should not be interrupted by members of the City Council until his time limit has been expended or until he has finished his statement. (Ord. 446, 2-19-1985; amd. 1999 Code) F. Questioning Speaker: At the conclusion of a speaker's comments, each City Council member, when recognized by the Mayor, shall be allowed to question the speaker and the speaker shall be limited to answers to the questions asked. The question and answer period shall not be included in the speaker's time limit as established. Co S.. eariRg That Testimsnj Is Tree: "'ReR the flueIie heariag is EJ.uasi juElieial iFl Flamre Sf eHe after hieh the Citj CeuFleil is reEJ.uirea 13) la te matte RRElings effaet, eaeh speaker Ffl:l:1st s, ear sr affifffl that his testiffisR) ill Be H lie aHa eerreet. fh Q. Compliance With Rules: Any person not conforming to any of the above rules may be prohibited from speaking during the public hearing. Should any person refuse to comply with such prohibition, he may be removed from the room by order of the Mayor. l:- !:L. Suspend Or Amend Rules: The City Council may suspend or amend anyone or more of these rules by vote of one-half (112) plus one of the full City Council. J-:. 1. Interpretation Of Rules By Mayor: The Mayor shall have the authority to interpret and apply the foregoing rules, subject to an appeal to the City Council, whose decision shall be determined by a majority vote of the Council members present. K,. 1. Absence Of Mayor: In cases where the Mayor is absent from the public hearing or where the public hearing is before a duly appointed hearing officer, the President of the Council or presiding Council member or the hearing officer shall fulfill the duties of the Mayor described hereinabove. (Ord. 446,2-19-1985) Section 2. All ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication and after November 1, 2004. PASSED by the City Council of the City of Meridian, Idaho, this _ day of . 2004. APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of . 2004. APPROVED: MAYOR ATTEST: CITY CLERK January 28. 2005 MERIDIAN CITY COUNCIL MEETING February 1. 2005 APPLICANT Police Department - Chief Musser REQUEST Update on Dog Adoption Policy and Procedure Department Reports ITEM NO. 6-8-1 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached , k> tl.Ptv brrl Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shalf become property of the City of Meridian. City of Meridian Police Department Animal Adoption Waiver and Release of Liability This release is executed on the day of , by Mr.lMrs.lMs. - (the Releasor) residing at , City of , County of , State of Idaho between the Releasor and the City of Meridian, 33 E. Idaho, Meridian, Idaho (the Releasee). I, the Releasor, being over the age of 18 years in consideration for being permitted to adopt a dog from the City of Meridian, and with knowledge the dog I adopt may carry the contagious Salmonella bacteria or other transmittable diseases. I also understand that the dog has undergone a behavioral evaluation to determine if the dog is reasonably safe to release for adoption, but I understand that a behavioral evaluation is not a guarantee of suitability or compatibility. I hereby, WAIVE, RELEASE, DISHCARGE, INDEMNIFY and HOLD HARMLESS the Releasee, its officers, members, employees, agents, legal representatives, and successors, from all liability, manner of actions, causes of action, debts, contracts, claims and demand for or by reason of any illness, death, damage, loss or injury to person and property, which has been or may be sustained as a direct or indirect consequence of the Releasor's adoption of a dog from the City of Meridian. I hereby acknowledge and agree that I have carefully read this Waiver and Release agreement, that I fully understand same, and that I freely and voluntarily execute the same. By signing this release I will be forever prevented from suing or otherwise making a claim against the Releasee for any illness, injury, loss, damage or death that myself or others may sustain as a direct or indirect result of adopting a dog from the City of Meridian. I have been given the opportunity to seek independent advice prior to signing this Waiver and Release agreement. I understand that I will not be permitted to adopt a dog from the City of Meridian unless I sign this Waiver and Release Agreement. I understand that this Waiver and Release Agreement is binding on me, my spouse, my executors, administrators, personal representatives and assigns. The terms of the Waiver and Release of Liability are contractual and will be construed in accordance with, and governed by the law of the State of Idaho. I have read and understand this agreement and I am aware that by signing this agreement, I am waiving certain legal rights that I or my heirs, next of kin, executors, administrators, and assigns may have against the Releasee. The Releasor has executed this Waiver and Release of Liability at Meridian, Ada County, Idaho on the _ day of ,20_. Adopter (Releasor) Witness MPD 01/27/05 Page I of I MERIDIAN POLICE DEPARTMENT CHAPTER IX SECTION 2 POLICY DOG ADOPTION (DRAFT 02/05) 9-2-1 PURPOSE 9-2-3 POLICY 9-2-5 PROCEDURE 9-2-1. PURPOSE: To establish guidelines and procedures for the adoption of dogs impounded by the City of Meridian that are unclaimed or abandoned. 9-2-2. POLICY: It is the policy ofthis department that dogs impounded by the City of Meridian will have the alternative of adoption made available as one form of disposal for those that remain unclaimed after five (5) working days, or are abandoned. It is recognized as a reasonable and responsible action on the part of the City of Meridian that no dog eligible for adoption will be so adopted unless the dog has been licensed and vaccinated in accordance with Meridian City Code, and is spayed or neutered (or proof of such is determined by a qualified veterinarian). Additionally, any dog eligible for adoption must be evaluated for behavioral compatibility before being adopted. 9-2-3. PROCEDURES: A. All dogs eligible for adoption must meet the following guidelines: 1. A dog that has been impounded and has been in the Meridian City Pound for a minimum of five (5) working days where no owner has claimed the dog or where owner information can not be located is eligible for adoption. 2. All dogs considered for adoption shall undergo a behavioral evaluation by a qualified/trained evaluator to determine if the dog is reasonably safe to release. A City of Meridian Animal Control Officer or a competent, trained volunteer as determined by a City of Meridian Animal Control Officer will conduct the evaluation. 3. All dogs considered for adoption shall be evaluated for any obvious medical condition that would eliminate it from eligibility for adoption. The City of Meridian does not guarantee the health of any dog that is adopted. 4. Any dog eligible for adoption may also be released to an animal rescue group or similar organization. POLICY MANUAL Page 1 of2 CHAPTER 9 MERIDIAN POLICE DEPARTMENT B. Spay or Neutering: 1. All dogs will be spayed or neutered, or determined by a qualified veterinarian to have previously been spayed or neutered, prior to adoption. 2. When a dog is chosen for adoption, arrangements will be made with a local veterinarian or the Idaho Humane Society to spay or neuter the animal. 3. A Meridian Animal Control Officer will transport the dog to the veterinarian or Idaho Humane Society. 4. The person adopting the dog will pick it up from the clinic after the veterinarian releases it. That person shall be responsible for the cost of the procedure and all other associated costs, including rabies vaccinations and license fees. C. Adoption Criteria: 1. A person must be at least 18 years old to adopt a dog. 2. A person who finds a dog shall have the first opportunity to adopt that dog. 3. Any other adoptions will be on a first come, first serve basis. A list will be kept of anyone wanting to adopt a specific dog. 4. Prior to adoption, a person must complete a Meridian Adoption Application. A Meridian Animal Control Officer or a trained pound volunteer will review the application to determine the suitability ofthe person applying for adoption. 5. Upon completion of the process, and approval for adoption, the person adopting a dog shall complete and sign a waiver releasing the City of Meridian from any damages incurred as a result of the. D. Adoption Forms and Records: 1. The Meridian Animal Control Officer or volunteer that releases a dog to adoption shall ensure that the application, agreement, and waiver documents are complete, signed and witnessed. . 2. The DR number shall be placed on the application and waiver forms. They will then turned into Records and placed with the original report. 3. A copy of the application and waiver forms will be kept in a file maintained by Meridian Animal Control. 4. The Meridian Animal Control Officers will enter the information into the Dog Data file. POLICY MANUAL Page 2 of2 CHAPTER 9 City of Meridian Police Department Animal Adoption Application and Agreement Name (please Print) Home Phone L-) Address Bus. Phone L-) City State Zip A. Are you over 18 years old? (circle one) YES NO * *Note: you must be at least 18 years of age in order to enter into this agreement B. What type of dog do you want? (circle one) Male Female Size: (circle one) Small Medium Large C. Primary purpose for adopting dog: (circle all that apply) Family pet Companion Hunting GuardfWatch dog D. Type of dwelling for applicant? (circle one) House Apartment/Condominium E. Provisions for or where will dog be kept at dwelling? (circle all that apply) Outside Inside/Outside Fenced yard Dog run D. Terms of Adoption: I the adopter of the above-described animal agree to abide by the following: 1. Transfer of ownership of the above-described dog from the City of Meridian to the adopter shall occur only upon payment of all fees owed in regard to vaccinations, medical examinations and surgical procedures. 2. The adopter shall take custody of the dog on the first day it is made available to the adopter. 3. The adopter shall assume all responsibilities for the dog's care and will comply with all law and/or ordinances of the jurisdiction in which the adopter resides. 4. The adopter will not hold the City of Meridian responsible for any diagnosed, undiagnosed or misdiagnosed illness, medical condition, or injury ofthe dog, or for veterinary medical treatment provided by any person or entity. 5. The adopter will not hold the City of Meridian responsible for any consequential, direct or indirect damages, including but not limited to: physical injury or transmission of any disease or illness, which the animal may cause to any person, entity, or property, and adopter agrees to execute a Waiver and Release of Liability Agreement as a condition of the adoption. MPD 01127/05 Page 1 of2 City of Meridian Police Department Animal Adoption Application and Agreement 6. AU dogs adopted from the City of Meridian must be spayed or neutered before they are released. 7. Adoption fees and other associated costs are non~refundable. I herby agree that I have read, and fully understand the terms of the adoption. I am 18 years of age or older. Signature Date Witness Date THIS SECTION FOR USE BY CITY OF MERIDIAN ONLY Breed Sex: M F Age:_ Color(s): Neutered/Spayed: Yes No If No - Date of NeuterlSpay per adoption: Location of Neuter/Spay: IHS VET Clinic- Date of Vaccination: RABIES Vac. Date: RECEIPT # CITY LIC # MPD 01/27/05 Page 2 of 2 January 28,2005 Department Reports MERIDIAN CITY COUNCIL MEETING February 1, 2005 APPLICANT Police Department -- Chief Musser ITEM NO. 6~B~2 REQUEST Discussion of County-wide Geo Cast Communicator System AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached -riP 011 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of MeridIan. Copy of email from Curt Crum @ Boise Police Department reference the Geo-cast Communicator system: >>> Curt Crum 12/15/2004 10: 45: 43 AM >>> Attached you will find the cost outlines for the new Geo-Cast web based system. We have received the grant for the system and are now in the process of acquiring. All hardware and software costs are covered in the grant. Ongoing annual costs to each agency will be approximately $2500, except for the first year, which will be $1500 per agency because the service contract is covered for the first year. The remaining years will be $10.000 split 4 ways. That breaks down as follows: $6000 - 12 dedicated phone lines $3900 - Annual service agreement and data updates Please confirm with me as soon as possible if your agency still wants to have access to this system. We have successfully used the current system many times to notify citizens and also to update BPD employees on critical incidents. Thank you. Curt Crum Crime Prevention Unit Supervisor Boise Police Department 377-6672 Attachment referenced in above email regarding Geo-cast Communicator: Dialogic Communications Corporation (DeC) High Speed Emergency Notification System Proposal The "Communicator" and "GeoCast" This is an upgrade of the system currently used by the Boise Police Department. After August 1, 2004, the software utilized by the current version will not be supported by DCe. The upgraded version would allow for quicker notifications and could be accessed via the web, allowing activation from any location and could be utilized by numerous agencies. Costs: Dce oricim!: "Communicator" 12 port Analog System = $20,000 "GeoCast on the Web" (Arc/IMS Based) = $12,000 System Installation - $4,500 ARC/IMS Internet Mapping Software $6,000 2 days Training - (2 x $1500) $3,000 Additional Hardware/Software required to operate: (2) CPU (2) Operating Software (1) SQL / Server $4,000 X 2 = $8000 $500 X 2 = $1000 = $3,100 Total Hardware/Software costs reouested in 2'rant = $57.600 Other costs not requested in Grant: Annual dedicated phone line costs (12) = $6,000 Annual service agreement costs = $3 900 Total annual costs = $9,900 Overall Cost to Meridian Police Department is approximately $2,500 annually to have access to and utilize the Geo-cast Communicator. January 28, 2005 MERIDIAN CITY COUNCIL MEETING February 1, 2005 APPLICANT Police Department -- Chief Musser REQUEST Discussion of K-9 Replacement Plan for Tiko Department Reports ITEM NO. 6-8-3 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached 0{J~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of MeridIan. To: From: Re: Memorandum Meridian Police Department December 31, 2004 Chief Musser Lieutenant Lavey K-9 Replacement It is time to start thinking about K-9 replacements for the future. As you know we have three dual purpose patrol canines currently certified to work the street. I would like to add a fourth dog in fiscal 2006, but we also need to start planning for eventual replacement of current dogs. Name Three Belgian Mali no is: Years left (estimate) Tiko Zena Dutch Sex Male Female Male ~ 8.5 years 7 years 5 years 1 year 3 years 4 years We have discussed the possibility of breeding Tiko and raising a puppy for a potential replacement. This discussion was based upon the positive demeanor that Tiko displays. I would like to breed Tiko with the hope and desire to obtain another dog like him. The Neaative: · Success cannot be guaranteed. · Time frame to prepare for certification is increased with a puppy. The positive: · Lower costs. · Known history of the dog. · Specific, controlled training. · Controlled social exposure. · Good temperament. · Controlled obedience. Memorandum Meridian Police Department December 31, 2004 I met a K-9 trainer/breeder in Napa, California in 1998 where we purchased K-9 Tiko. He came to the kennel for the day to assist with maintenance training. He has since moved to Idaho and has trained with Meridian & Nampa Police Departments on a regular basis. He operates Eagle Rock Kennel in eastern Idaho and owns a female Belgian Malinois that I would be interested in breeding with Tiko. Here is a little background on Lakota, the female Malinois. She was born in Arizona at Risen Star Kennels; they are the American branch of the mother kennel in Holland. She was born on Oct. 28, 2001. Her father and mother, both imports, were both PH1 'So Her mother was bred to a dog named Ricardo several times and has produced several PH 1 and PH2's. Lakota was bred once before and has some of her pups out in the working world. All the pups in her first litter are very stable dogs. I feel that these two dogs will compliment each other in both personality and workability. Lakota's hips have been checked by Dr. Steve Petersen. He said her hips were very good and more than suitable for breeding. The one pup that Eagle Rock Kennel kept has had preliminary hip x-rays which are also very good at 14 months old. My intent would be to obtain one male pup (we get 15t pick) from the breeding and allow the owner of the female to keep the rest. One free pup to the sire owner is standard in the breeding field. I would have Tiko's current handler (Berle Stokes) raise the puppy. A written agreement would be obtained that ownership resides with the City of Meridian and NO additional K-9 compensation would be given. The police department would be required to provide all food and medical expenses. We could also explore the possibility of a non canine officer raising a puppy. We would still be responsible for food and medical expenses and any other compensation would need to be determined prior to placement of the pup. I would encourage a policy that raising a puppy does not guarantee a K-9 officer slot with the police department in the future. We can discuss this in more detail as needed. This is a time sensitive matter since the Malinois dam will be coming in heat around February 2005. January 28. 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Water. Sewer and Trash Delinquencies February 1, 2005 ITEM NO. 16 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~vV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. January 28. 2005 AZ 04-019 REV MERIDIAN CITY COUNCIL MEETING February 1. 2005 APPLICANT G.L. Voigt Development Co. ITEM NO. 17 REQUEST Ordinance - Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zones for Ventana Subdivision -- north of West McMillan Road and North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: 64U ~ Date: {~(o-s- Phone: Emailed:ce5-Jol.c.k.tM@.;c1UJ.eS+ n.e-t--- Staff Initials: 1JZ- Materlals presented at public meetings shall become property of the City of Meridian. < .J See attached Ordinance ~v-e ll} 4 @6/ AD~ COUNTY RECO~/~J, DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 02f04JuiJ 11:36 AM DE~UTY PatIi Thompson 111111111I1111111111I1111111111111111 ~1~tO~~~ERro~~~EST OF 105014062 i CITY OF MERIDIAN ORDINANCE NO. OS-ll 2.. ~ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-04-019 AKA VENT ANA SUBDIVISION) FOR PROPERTY LOCATED AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN.; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS AS R-8 (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated be reference as Exhibit "A" is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and zoning by the City of Meridian, pursuant to Idaho Code S 50-222, Category "B" annexation. SECTION 2. That the above-described real property is, and the same is hereby and annexed and zoned as R-8 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION AND ZONING OF AZ-04-019 VENTANA SUBDIVISION - Page 1 of3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date ofthis ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. APPROVED by the City Council of the City of Meridian, Idaho, this I S? day of h6rfA-CVLJ ,2005. APPROVED by the Mayor of the City of Meridian, Idaho, this /5? day of h 6r(A. CVVJ ,2005. \uMAYOR 1\ ,,~\\r:'\\of jJ.ff:h:;j'~' ATTEST: /~"~~o"O;'~':'~;~; ':"\ ~,p~(~\~ ) CITY CLERK 1~5<",,1 "I"" tvlf>>~ll~il'< ~~rt'" ANNEXATION AND ZONING OF AZ-04-019 VENT ANA SUBDIVISION - Page 2 of 3 STATE OF IDAHO, : ss County of Ada On this 1 day of ;:f- '''-fl.! , 2005, before me, the undersigned, a Notary Public in and for said State, personally a peared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~","II""f,f#. ~........~~c~.~;.~~;;:##.... l....~ .... .... ~ ~" I f ~O'fA~r \ \ ; * i _._~. * i \ .. PUB\-\C I " Q>. '.0. 0 I *....~~ i;.op.\\) ~~........ ...... u.~ ."",~ ANNEXATION AND ZONING OF AZ-04-019 VENT ANA SUBDIVISION - Page 3 of 3 EXHIBIT A Legal Description Ventana Subdivision PP-04-026 C2Dal 1381-53$9 p,c i IDAHO' SURVEY GROUP 7ltJ s..AIon Sr.,SUm 105 ~!dlha IDm P'-e {](19) 1I4&857D Fu (2/l!I) 3J8.O)1'9 Proj~ No. 0314800 , G.L. VOIGT PA.RCEL MlJUDIAN AND McMIl.LA.N ROADS PortiIm, of Gown.mmt Lots 3 WJd 4, lIIId the West H of the Bast: ~ ()ftl1& sOuth\W$l Y- o! Section 30, T.4N., AlE.. 8.M., Ada CountY. Idllho, more particu1arIy desaibed as fuIl.QWlI; Coalll1ell(;i.n,g at 1hc Q.'lf1IC' common 10 Scdioo 25 aud 36 ofT .4N..lt.1 W., .aDd Ac:tiop. 31 and the .aid u:ectioa 30, Iilnn whicb the ~ comer common to said IOCtions 2S and 30 hem NQfIh 0O"2J '00" &It,. 26<<l.l3 feet tbnce Nonh ooon'OO" East. I D2S.00 Wet tJ)'the REAL POINT OFBIlGlNNING. ' 1'benee COIIfuwiJJs North o~'OO" East, 1591.12 feet 10 a point wllicll been SouCh 00<'23'00" West, 24.00 bt mnn 1bo ~ 00I'1IIIlI' common to said Sections 25 aod')Q; theuoe South 89",54'43" Bast,. 129's.6(l fe\lt; lbeau North 00"23 '00" East,. 24.00 filet to a poi1l!; QD 1he J3ut...We&t mid-SCClioo line; dIeaee aloDg U1id lioe Soutb 89"54'43" EaFJt, 461.94 mtkltb ~ CCl'De( of the Wen Hi of the East ~ of'tbe Southwelt Y..; tIimIce.a1ongdm But line ofllllid West ~ ofthc East Y.t wrho S~ ~ South 00"19'24" Welt, 1619.47 feet; theaoeNorth B9"46'l4" West, 1754.51 i1eetlOtlJePcialofB~ Col',ltlinipg 64.48 &all:t, 1ncnI or~. Subjllet to rigflt-of-waytbI'Meridianltq.;d a1o!Jgthc WC3t bot,Immy aU Clths INSIIDU\lltS of recon1 or aile. 1",'llJl~~~~ e'(~~ JUN ~ 6 ?004 fAe:~~~~ ~~(O PnpllJtd.by; IDAHO SURVEY GIlOUP. p.e. D. Tmy Peugh, PLS i ~~ ~ j j z! 1 :f ~ i ~i~ -~~,~. _. -. -. _. -. -. -. - ."-._.I!!!': _. - '_'_' _. _. _. _. _'_'_' _._. _. _. _. - '_' _'_'_._. _'_.. _._._ JTI I --- ~~J= January 28, 2005 MERIDIAN CITY COUNCIL MEETING AZ 04-030 February 1, 2005 APPLICANT the Land Group. Inc. ITEM NO. 18 REQUEST Ordinance -- Request for Annexation and Zoning of 1.8 acres from RUT to a C-G zone for Southern Springs No.3 -- east of South Meridian Road and south of East Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacted~ Date: I\.Ybla~ Phone: Emailed: .l~ e.-t-~" ~o..~~rO()plOG.LOM Staff Initials: /.L Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Ordinance ~v<.- t(~ 0 06/ ADA COUNTY REC(~I~ J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 02l04/uo 11:36 AM DEp:UTY p~tti Thompson 11111111111111111111I1111111111111111 ~I~~O~~~ER~~~~EST OF 1 0S0 14063 CITY OF MERIDIAN ORDINANCE NO. OS -[ }~O BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-04-030 AKA SOUTHERN SPRINGS NO.3) FOR PROPERTY LOCATED AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN.; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS AS C-G (GENERAL RETAIL AND COMMERCIAL) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated be reference as Exhibit "A" is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and zoning by the City of Meridian, pursuant to Idaho Code ~ 50-222, Category "B" annexation. SECTION 2. That the above-described real property is, and the same is hereby and annexed and zoned as C-G (General Retail and Commercial), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances ofthe City of Meridian to annex and zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION AND ZONING OF AZ-04-030 SOUTHERN SPRINGS NO.3 - Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the days following the effective date ofthis ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. APPROVED by the City Council of the City of Meridian, Idaho, this i!!day of fi.6r-uPVt. :J-' 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this L!Z. day of ;':gfJruOVt';- ,2005. ~~.~ ATTEST: STATE OF IDAHO, : ss County of Ada ) On this 1 day of tt hnuJ'l/ , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~.~ '1111""'1 1/>........ C~ L. 8dr, ~##. :-...... ~\.......... 'I'~ ~..~ ~ ....~... ... ~ - ! f ~OTA~J-- \ \ : * i -.- ~. * : \. .. PUB\.\C i -;.~ d"- ~~."" 0 ~l Of ;"1' ."...... 't-~".-l" .#,../'.f1 OF \9.....-t> "6..th....I..t ANNEXATION AND ZONING OF AZ-04-030 SOUTHERN SPRINGS NO.3 - Page 3 of 3 Exhibit "A" A parcel ofland being a portion of U.S. Government Lot 2 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING at the NW Comer of U.S. Government Lot 2 of Section 19 from which a brass cap monument marking the NW corner of said Section 19 bears NOoo3T 52"E a distance of 1324.93 feet and from which an aluminum cap marking the SW comer of said U.s. Government Lot 2 bears SOOQ37'52"W a distance of 1324.92 feet; Thence along the North line of said U.S. Government Lot 2 N89043 '38"E a distance of 602.97 feet to a 5/8 inch rebar marking the NW comer of Lot 1 of Running Brook Estates Subdivision as recorded at Book 65, Page 6636 and 6637, Book of Plats, Ada County, Idaho; Thence leaving said North line and along the West line of said Lot 1 SOOo37'52"Wa distance of 144.53 feet to a point on the North right-of-way line ofE. Calderwood Drive; Thence leaving said West line and along said right-of-way line S89043 '26"W a distance of 602.97 feet to a 5/8 inch rebar at the intersection of the extension of the North line of said right-or-way and the West line of said Section 19, the centerline of S. Meridian Road; Thence along said West line and the ceI)terline ofS. Meridian Road NOoo3T52"E a distance of 144.57 feet to the POINT OF BEGINNING; Said parcel contains 87,149 sq. ft. or 2.00 acres, more or less and is subject to any easements or rights-of~ways of record or implied. ~J>?~~r:- ~~\I\ '0'1 1. 1 1'J\J~ ~ ?'0~~\~ ~~~~ts 0'2: C046244_bOllndary JegaJ_I02004srl / I f - ~ ~~~re\~~t~p 1t).-:~-~ \ i / 1--"" = . I I ~~ ;~ I"i ~ t':J. ,N o ~ ,t':J ~ :z: :;0 ~ j: tC\ ~ I: 'eY I SOUTHERN SPRINGS NO.3 SUBDIVISION MERIDIAN, IDAHO NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ SO-901(A) CITY OF MERIDIAN ORDINANCE NO. os---'f.lL PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land known as Southern Springs No, 3 commonly located east of South Meridian Road and south of East Overland Road, more commonly known a portion of Section 16, Township 3 North, Range 1 East, Boise Meridian, Meridian, Idaho, more particularly described in Attachment "A". This parcel contains 1.8 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. The information contained in this legal description was derived from the data from The Land Group, Inc., as attached in Attachment "B", and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the ~ day of abut.V7-tj ,2005. !'~~ % "?,A -;.~ First Reading: :2 --1- tJ? ~"'J'I;',.~ Adopted after first reading by suspension of tli~~ 950-902: YES~ NO_ Second Reading: - Third Reading: - ORDINANCE SUMMARY - AZ 04-030 SOUTHERN SPRINGS NO.3 - Page 1 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05-~ PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land known as Ventana Subdivision commonly located north of West McMillian and North Meridian Road, more commonly known as SW ~ of Section 30, Township 4 North, Range 1 East, Boise Meridian, Meridian, Idaho, more particularly described in Attachment "A". This parcel contains 64.48 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. The information contained in this legal description was derived from the data from Engineering Solutions, LLP and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Ida1~~ Meridian, Idaho. This ordinance shall become effective on the ----I$Z- day of j:P rIA tV? :J ' 2005. ! 1- ~~ First Reading: 2 - (-OS- ~""'4,~ Adopted after first reading by suspension ofthe !tV S50-902: YES~ NO_ Second Reading: Third Reading: ORDINANCE SUMMARY - AZ 04-030 SOUTHERN SPRINGS NO.3 - Page 1 ~ltu\~ usf-G( Pubi;G (VlJh'{t -7'f}{AVlt$,' CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 1, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of January 11, 2005 City Council Regular Meeting: B. Approve Minutes of January 18, 2005 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law for Approval: RZ 04~ 018 Request a Rezone of .74 acres from L-O to C-C zone for Kinetico Qualitv Svstems of Treasure Vallev by Irma Jean Phillips - 544 West Cherry Lane: D. Findings of Fact and Conclusions of Law for Approval: AZ 04~ 031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for Meridian Gatewav by White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: E. Permanent and TemlJorarv Easement Contract for the North Slouah Sanitary Sewer Proiect: F. Approve Beer and Liauor Transfer for the 127 Club - 127 East Idaho: G. Aareement for Professional Services for BOS Lock Box: Meridian City Council Agenda - FeblUary l, 2005 Page I of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone deSiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Permanent and Temporary Easement Contract for the Westborouah Subdivision: Budaet Amendment - North Black Cat Trunk and Lift Station Proiect: J. Approve Bills: 6. Department Reports A. Legal Department 1. Public Disturbance Ordinance Amendment: 2. Public Hearina Process: B. Police Department - Chief Musser 1. Update on Doa Adoption Policv and Procedure: 2. Discussion of Countv-wide Geo-Cast Communicator Svstem: 3. Discussion of K-9 Replacement Plan for Tiko: 7. (Items Moved from Consent Agenda) 8. Tabled from January 25, 2005: FP 04-084 Request for Final Plat approval of 33 single family residential building lots and 3 common lots on 10.07 acres in a R-8 zone for Arcadia Subdivision by Pinnacfe Engineers, Inc. - 5995 North Jericho Road: 9. FP 05-003 Request for Final Plat approval of 20 single-family residential building lots and 1 common lot on 5.27 acres in an R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: 10. FP 05-001 Request for Final Plat approval of 11 commercial building lots and 1 other lot on 14 acres in a C-G zone for Sparrowhawk Subdivision No.2 by David Waldron - northeast corner of Franklin Road and Nola Road: 11. FP 05-002 Request for Final Plat approval of 83 single family residential building lots and 5 common lots on 25.86 acres in a R-4 zone for Milliron Meridian City Council Agenda - Febmaty 1,2005 Page 2 of 3 All materials presented at public meetings shall become propelty 0 f the City 0 f Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Subdivision by Dyver Development, LLC - northeast corner of North Black Cat Road and West Cherry Lane: 12. Public Hearing: AZ 04-029 Request for an Annexation and Zoning of 8.58 acres from RUT zone to C-G zone for Cottonwood Lane by Tom Holliday/Cottonwood Lane Partners - 985 East Freeway Drive: 13. Public Hearing: VAR 04-007 Request for a Variance to the Sign Ordinance for sign height, reader board area, direct illumination and flashing light for new signage for a movie theater for Maiestic Cinemas by Landstar NW, LLC - 2400 East Overland Road: 14. Public Hearing: PP 04-042 Request for Preliminary Plat approval of 18 commercial building lots on 33.1 acres in a C-G zone for Boise Vallev Commons by Boise Valley Commons, LLC - 2200 East Overland Road: 15. Public Hearing: VAR 05-001 Request for a Variance for a time extension for the approved Conditional Use Permit for Stonebridae Business Park by Falash & Ross Construction, Inc. - 150 South Adkins Way: 16. Water, Sewer, & Trash Delinquencies: 17. Ordinance No. AZ 04-019 REVISED Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road and North Meridian Road: 18. Ordinance No. AZ 04-030 Request for Annexation and Zoning of 1.8 acres from RUT to a C-G zone for Southern Sorinas No.3 by The Land Group, Inc. - east of South Meridian Road and south of East Overland Road: Meridian City Council Agenda - February I, 2005 Page 3 of 3 All materials presented at public meetings shall become property oflhe City of Melidian Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. DATE: TIME: TO-'FRDM 131 132/132 07: 51 38101613 132 132/02 137: 53 PUBLl C WORKS 133 132/02 07'55 8841159 134 132-'02 07' 57 2088840744 05 02/02 137:58 POLICE DEPT 06 132/02 08:130 89855131 137 132/02 08: 132 Ll BRARY 08 132-'132 08' 04 921383776449 09 02/132 08:05 3886924 10 132/El2 ElS: 137 P-AND-Z 11 El2/02 08'ElS 208 895 133913 12 132/132 ElS'10 12830013413 13 132-'132 138: 12 208 387 6393 14 €l2/€l2 ElS: 14 ADA CTY DEVELMT 15 132/02 138: 16 88851352 16 132/02 ElS'17 IDRHO RTHLETIC C 17 El2-'132 08: 19 ID PRESS TRIBUNE 213 02/132 ElS: 25 21388886701 CITY OF MERJDIRN MODE MIN/SEC PGS EC--S 131'55" 13134 EC--S 01'137" 004 EC--S 131' 09" 004 EC--S 01' 10" 1304 EC--S 01' 08" 0134 EC--S 131' 08" 0El4 EC--S 131' 29" 1304 EC--S 131'137" 13134 EC--S 131' 08" 13El4 EC--S Ell' 138" ElEl4 ECnS 01' El8" 0134 G3--S 131' 313" 13134 EC--S 01' 137" 0134 EC--S 131 'ElS" 13134 EC--S 01'07" 13134 EC--S 01' 138" 004 EC--S 131'09" 1304 EC--S 131' El7" 13134 CMDIl SWITUS 247 OK 247 OK 247 OK 247 OK 247 OK 247 OK 247 OK 247 OK 247 OK 247 OK 247 OK 247 OK 247 OK 247 OK 247 OK 247 OK 247 OK 247 OK -...._....._-----...._-----...._--------~-------------....._....._------_....------....-------........--------........---------.........- CITY COUNCIL REGULAR MEETING AGENDA CITY OF MERIDIAN Tuesday, February 1, 2005 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance; ---K- Shaun Wardle ==:t Christine Donnell ---A- Charl~nZ:;or Tammy de We~~~h Bird 2. 3. Pledge of Allegiance; I!D,",/ /ltl<hH I!Jtlo/ JC4lr't rrk>l' IPS' Community Invocation by At,f!c,. ~;:,~;~~o~/1;tdt'fltltd<.. Adoption ofthe Agenda: t:f'pfCYe.u ~de<:v Consent Agenda; 4. 5. A. Approve Minutes of January 11, 2005 City Council Regular Meeting: el.Ifrprr.t- B. Approve Minutes of January 18, 2005 Pre-Council Meeting: O/j?m1/lC...- C. Findings of Fact and Conclusions of Law for Approval; RZ 04- 018 Request a Rezone of .74 acres from L-O to c-C zone for Kinetico Quafitv Systems of Treasure Vallev by Irma Jean Phillips _ 544 West Cherry Lane: uffr'o'N:..- Findings of Fact and Conclusions of Law for Approval: AZ 04- 031 Annexation and Zoning of 8+ acres from a C-2 zone to a proposed C-G zone for MerIdian GatewaLby White-Leasure Development Company - SWC of South Meridian Road and West Overland Road: ~~ E. Permanent and Temoorarv Easement Contract for the North SloUQh Sanitarv Sewer Proiect: ~vo.<.- F. Approve Beer and Liauor Transfer for the 127 Club -127 East Idaho: ~f-o<...- G. Aareement for Professional Services for 80S Lock Box: ~ Maidi.,. ell)' Coo"dl Ae""a. Foll,u.'). 1. 2005 P.~. I 00 Alllnatcri:J1" Ptc:'Sr;nrcd ,U public mt~tir'l'g:;: ~n,,1t bc:cnme pl'Qpc:ny ofth.e Cit)' I.lIMmdi~. Ali}"OII~ dcs.iI)Ia.g ~;;ommodw.~c" fpfdjsabil~~ies: relattd 19 dOCU."llcftL<i l;Ind!.of hC1ring plr:Lit tOn1.1c:t the: elly Clerk', Ofti~c"l 8S!-44JJ I;It 1c:n,..t4!l; Ilaurs prior ro the- pub1ic U'lec:ting ( ** TX CONF I RMAT I ON REPORT ** CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS 131 01/28 16: 09 3886924 EC--S 00' 20" 001 2213 OK 02 131/28 16:139 P-AND-Z EC--S 130' 19" 0131 2213 OK 03 01/28 16: 10 ALL AMERICAN INS EC--S 00' 19" 001 220 OK 04 81/28 16: 11 208 895 0390 EC--S 00'20" 001 220 OK 05 01/28 16: 12 12830la04e G3--S 00' 24" la0l 220 OK 06 lal/28 16: 13 208 387 6393 EC--S 00' 19" 001 220 OK 07 01/28 16: 14 ADA CTY DEVELMT EC--S ee'19" 001 221a OK 08 01/28 16: 15 888SlaS2 EC--S 01a'19" 001 220 OK 09 01/28 16: 16 CHERRY LANE G3--S 00' 38" 001 2213 OK 113 01/28 16: 17 IDAHO ATHLETIC C EC--S 130' 19" elal 2213 OK 11 01/28 16' 18 ID PRESS TRIBUNE EC--S 130' 19" 001 220 OK 13 131/28 16: 29 2088886701 EC--S 130' 19" 001 220 OK --...-.........----.....--.....-----------...-.........----....---------.....-------.....-...-----...------....--....-----...--....-----....--....---- ~ U 4)l ~ 7Jsr ~y ~lJ~ ll' G WOlll-L -; h t1 V\lcs 1, CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 1,2005 at 6:00 p_m. City Council Chambers 1. RolI~calJ Attendance: Shaun Wardle _ Christine Donnell - Charlie Rountree Keith Bird - _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Audit Report: (*10-15 minutes) 4. Executive Session per Idaho State Code 67-2345(1)(b)&(f): *Approximate allowable time set for agenda item may Change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - February 1, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documenls andlor hearings, please contact the City Clerk's Office at 888-4433 alleast 48 hours prior to the public meeting. ..--------...-------..........-------...----------.......-----------------.........--------...------...---------.........------- olfe;;ditfn--~Jr; '\ ~~<;.," If),,,,,} _ /}~ '~'''''~~.ti.''' --- 'lSltJ MAYOR Tammy de Weerd CITY C.OUNCIL MIOMSERS William [,. M. Nary Keith Oil"Ci Charles M. ROL1l1lIee Shalln Wi"dle CITY DEPAIUMENTS FI'n~ .140 r" Fr'nkli n Nnad 888-1234/ fax H95-n,~90 f.u rk~ & RecrcDHon 11 1':. Buwer Stn::CI 688.3579/ fax 89B-551ll PI "nn!ng &: :Coning 6fill J;. Watertower tane Suite 202 884--5533/fox 688-6854 Police 10101 E, W.lo,rtower Lane 888.667811.. 846-7366 Publk Works 660 E. Waterlow., Lane Suite 200 896-5500/1.. 898-9551 - Building 660 t. Wot.rlower Lane Suite 15U 887-22111 f., 8S7.] 297 - Sewer (WWTP) 3401 N. Ten Mile Road 688-2191/ fax 804-0744 - Waler 2235 N. W. 8th 51"e! 88S-52U{fax BM-1159 DATE Tl ME TO/FROM 12 1211/28 16: 28 381131613 14 01/28 16'313 PUBLIC WORKS 15 131/28 16:31 0041159 16 01/28 16:32 2088840744 17 01/28 16:33 POLICE DEPT 18 1211/28 16' 34 898551211 19 01/28 16:34 LIBRARY 2121 01/28 16: 36 IDAHO STATESMAN 21 01/28 16:37 3886924 22 1211/28 16: 38 P-AND-Z 23 01/28 16'38 al8 89S 0390 24 132/28 16: 39 128301312140 25 132/28 16:41 208 387 6393 26 02/28 16:41 ADA CTY DEI.JELMT 27 01/28 16: 43 88851)52 28 01/28 16:44 CHERRY LANE 29 01/28 16= 45 IDAHO ATHLETIC C 30 02/28 16:46 ID PRESS TRIBUNE 31 1211/28 16: 47 2088886701 CITY OF MERIDIAN MODE MLNI'SEC PGS EC--S 00'38" 001 EC--S 130'26" 001 EC--S 00'27" 001 EC--S 1313'27" 001 EC--S 131)' 27" 001 EC--S 130'26" 001 EC--S 00'32" 001 EC--S 00'25" 001 EC--S 013'27" 001 EC--S 0121'27" 001 EC--S 0121' 25" 001 G3--S BB' 30" 001 EC--S BB'26" Bl2ll EC--S 0B'26" 001 EC--S 00'26" 001 G3--S ee'43" 001 EC--S 00'26" 131211 EC--S 00'27" 001 EC--S 1<1121'26" eel CMDI1 STATUS 224 OK 224 OK 224 OK 224 OK 224 OK 224 OK 224 OK 224 OK 224 OK 224 OK 224 OK 224 OK 224 OK 224 OK 224 OK 224 OK 224 OJ< 224 OK 224 OK I1fC\&: t"os.t T(y ~ub\tc.. No-tiCG -mClflY:::f:~\ NOTICE OF PRE-COUNCIL MEETING NOTICE IS HEREBY GIVEN Ihat the City Council of the City of MERIDIAN CITY COUNCIL Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, February 1, 2005 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as wefJ as the following issue: ~ Audit Report - executive Session per Idaho State Code 67-2345(1)(b)&(f) The public is welcome to attend the meeting. DATED this 28th of January, 2005. dI~~ CITY HALL :-13 EAST ID^HO AVENUe: MERIDIAN. [(lAIIO 133642 (208) 888-4433 em- <.J.F,llK-IiIX 888'4218 HU",,~ "'~IlU"~GS-F.\~ I'iH4-S72J fINANf~ ~ UTlI.lr' I"~~I"G-FAX 8R7'-lHJ:j ",w<;lfs Ol'l'leC-F.\X S84.81Hl DATE Tl ME TO/FROM 03 01/28 15:28 381131613 04 131/28 15: 30 PUBLIC LJORKS 135 131/28 15:31 120846644135 06 131/28 15: 33 8841159 137 131/28 15:34 20888413744 08 131/28 15:36 POLICE DEPT 139 131/28 15: 37 89855131 113 131/28 15: 38 LIBRARY 11 131/28 15' 40 92083776449 12 131/28 15'41 3886924 13 131/28 15:43 P-AND-Z 14 131/28 15:44 All AMERICAN IN5 15 131/28 15:46 208 895 03913 16 131/28 15: 47 12830013413 17 01/28 15:49 208 387 6393 18 131/28 15:51 88851352 19 131/28 15: 52 CHERRY lFl'lE 20 131/28 15:55 IDAHO ATHlETIC C 21 131/28 15'56 [D PRESS TR1BLt-lE 25 131/28 16:01 ADA CTY DEUElMT 27 01/28 16: 03 2esssa6701 MODE M!WSEC PGS EC-5 131'313" 1303 EC--5 1313' 54" 0133 EC-5 013' 55" 0133 EC--S 1313'54" 1303 EC--S 1313'55" 13133 EC--S 1313'53" 1303 EC--S 1313' 53" 121133 EC--S 131 '138" 13133 EC--S 013'54" 0133 EC--S 013'53" 13133 EC--S 12113'53" 13133 EC--S 013' 54" 1:11213 EC --5 130' 54" 0133 G3--S 01' 139" 003 EC--S 1313'54" 003 EC--S 1313'53" 121133 G3-S 131' 47" 0133 EC--S 1:1121'53" 0133 EC--S 0121'53" 13133 EC--5 130'54" 003 EC--5 00'53" 1:103 CMDt:! STATUS 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK 219 OK ---------------------.....------------....--------...----------.....--------....-------.......----------........--- ~lLo.x, ~05{ +Of VvbLc /Vcthtt ~ I VJ~r'ltS.J CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 1, 2005 at 7:00 p.m. City Council Chambers 1. RolJ.calJ Attendance: - Shau~ Wardle _ Christine Donnell - Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by 4. Adoption of the Agenda; 5. Consent Agemda: A. ~:e~f;; Minutes of January 11, 2005 City Council Regular B. Approve Minutes of January 18,2005 Pre-Council Meeting; Findings of Fact and Conclusions of Law for Approval: RZ 04- 018 ,:equesl a Rezone of .74 acres from L-O to C-C zone for Kinatico ~~:~'~h:r~~~:; of Treasure VaJl.u....by Irma Jean Philtips:544" ~;~d~~~e~:t~~cta~~dz~~i~~IU~:O~: ~~~:wfr:~r :pr;v;~~:zioO~ proposed C-G zone for Meridian GatQw~by White-Leasure g~~~~~:~~~d~ompany - SWC of South Meridian ROad and West D. E. Permanent and TemDorarv Easement Contract for the North Srou~h Sanitary Sewer Proiect: ~~~~~ve Beer and Liauor Transfer for the 127 Club 127 East F. G. A~reement for Professional Services for BDS Lock Box: ,,}E~g?i4!f.~.r?d~E~i;:~, ** TX CONFIRMATION REPORT ** AS OF JAN 28 '05 16: 08 PAGE,01 CITY OF MERIDIAN DRTE TIME TO/FROM MODE M IN/SEC PGS CMDt:I STATUS 22 01/28 15: 58 3810160 EC--S 00' 26" 0el 220 OK 23 01/28 15:59 PUBLIC WORKS EC--S 00' 19" 001 220 OK 24 131/28 16:00 12084664405 EC--S 1313' 20" 001 220 OK 26 01/28 16:02 8841159 EC--S 00' 20" 001 220 OK 28 01/28 16: 05 208884e744 EC--S 00' 20" e01 220 OK 29 01/28 16:05 POLICE DEPT EC--S 00' 19" 001 2213 OK 30 01/28 16:05 8985501 EC--S 00' 19" 001 220 OK 31 01/28 16:07 LIBRARY EC--S 00' 21" 001 220 OK 32 101/28 16: 08 92083776449 EC--S 00' 19" 001 220 OK ------.......------....-------.....-----..............-----------------........------...------.......------....-......--------....-------........- \>U~)L ~~st ~y' ~LJ~ll'G N~1iCL -lhanlcs 1, CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, February 1, 2005 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle _ Christine Donnell == Charlie Rountree _ Keith Bird ~ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Audit Report: (*10~1S minutes) 4. Executive Session per Idaho State Code 67-234S(1)(b)&(f): *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only, Meridian City Pre-Council Agenda - February 1, 2005 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PACKARD ESTATESDEVELOPMENT,LLC FOR APPROV AOL OF 20 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 1 COMMON LOT ON 5.27 ACRES IN AN R-4 ZONE LOCA TED EAST OF NORTH LOCUST GROVE ROAD AND SOUTH OF EAST USTICK ROAD IN A RESUBDIVISION OF LOT 10, BLOCK 5 OF PACKARD ACRES SUBDIVISION NO.2; A PORTION OF THE NW ~ OF T. 3N., R. IE., SECTION 5 C/C February 1, 2005 CASE NO. FP-05-003 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 1, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the PImming and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: February 1, 2005, to the Mayor and Council, and the Council IT IS HEREBY ORDERED THAT: having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PACKARD ACRES SUBDNISION NO.3 I (FP-05-003) Page 1 of 4 1. The Final Plat of"PLA T SHOWING PACKARD ACRES SUBDIVISION NO.2 IN A RESUBDIVISION OF LOT 10, BLOCK 5 OF PACKARD ACRES SUBDIVISION NO.2 IN A PORTION OF THE NW 14 OF T. 3N., R. IE., SECTION 5, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, HANDWRITTEN DATE: 11/2/04, SHEET I OF 2, TEALEY'S LAND SURVEYING ", PACKARD ESTATES DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Platmer for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: February 1, 2005, listing 24 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 4 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein. 2. The final plat upon which there is contained the Cetiification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PACKARD ACRES SUBDIVISION NO.3 I (FP-05-003) Page 2 of 4 AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, fdaho Code. By action ofthe City Council at its regular meeting held on the \S1' day of Fehn 1 (L~ ~ , ~ Zc,oz;;;. /~--------~ ~~ac;.z;1 Tammy ~rd Mayor, /ity of Meridian Department, Public Works Department, and By: j(}.}.,.() .tAOOrv.J Dated: 2- \ 'l ~OS ORDER OF CONDITIONAL APPRaV AL OF FINAL PLAT FOR PACKARD ACRES SUBDNISION NO. 3/ (FP-05-003) Page 3 of 4 City Clerk's Office ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR PACKARD ACRES SUBDNISION NO.3! (FP-OS-003) Page 4 of 4 MA YOR Tammy de Wccrd CITY HALL (208) 888.4433 - Fax 88748J 3 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaull Wardle Charles M. Rountree PUBLIC WORKS BUILDING DEPARTMENT (208) 887.221 J - Fax 898.9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466.4405 STAFF REPORT: City Council Date: February 1, 2005 To: Mayor & City Council Sonya Allen, Assistant City Planner jl/. ~ Bruce Freckleton, Development Serv\ces Manager ~ From: Re: Packard Acres Subdivision No.3 Request for Final Plat Approval of Twenty (20) Single Family Residential Building Lots and One (1) Common Lot on 5.27 Acres in an R-4 Zone for Packard Acres Subdivision No.3, by Packard Estates Development, LLC (File No. FP-05-003). We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Packard Estates Development, LLC, has requested final plat approval for 20 single-family residential building lots and 1 common lot on 5.27 acres in an R-4 zone for Packard Acres Subdivision No.3. This subdivision is a resubdivision of Lot 10, Block 5 of Packard Acres Subdivision No.2. The proposed subdivision is located approximately Ih mile south of E. Ustick Rd. and 1h mile east of N. Locust Grove Rd., in the NW ~of Section 5, T.3N., R.lE. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the final plat for Packard Acres Subdivision No. 3 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all tenus of the approved Development Agreement (Instrument No. 104164974) and Preliminary Plat (PP-04-006) for this subdivision. Exhibit "A" Mayor & City Council Hearing Date: February 1,2005 Page 2 of 4 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. 3. All fencing must be in compliance with MCC 12-4-10. 4. Revise the landscape plan prepared by Harvest Design and dated 1l/4/04 as follows; a. Gravel pathway shown on Lot 16, Block 5 must be changed to a paved surface or other hard surface material that meets ADA requirements for handicap access to the play area. 5. The following notes on the plat dated 1l/l!04, prepared by Tealey's Land Surveying, need to be revised or added: (4:-) Remove minimum dwelling size note; no longer required on plat. (10.) ".. .exterior subdivision boundary lines-:- and rear lot lines." (13.) ".. .recorded as Instrument No. 104164974, records of Ada County, Idaho." 4. Add the Basis of Bearings to the face of the plat. 5. The existing residence shown on Lots 20 & 21, Block 5 shall be removed prior to the issuance of any building permits within the subdivision. 6. Prior to signature on the final plat, the developer shall provide a recorded release of dominant parcel interest in the private lane easement. Also, provide a recorded copy of deed restrictions to prohibit access to Wingate Lane and forbid gates from adjoining lots or removal of pellnanent fencing on these lots prior to applying for building permits. 7. Street signs are to be in place, water system shall be approved and activated, fencing installed, access road base approved by the Meridian Fire Department, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 8. All development improvements, including sewer & water, fencing, pressurized inigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 9. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pressurized inigation, sanitary sewer, water, etc., prior to signature on the final plat. 10. Sanitary sewer service and municipal water to this development shall be via extensions from existing mains. Applicant will be responsible to construct, or re-construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard form of easements, for any mains that are required to provide service. FP-05-003 Exhibit "N' Packard Acres Sub3 FP.doc Transmittal Date: January 27, 2005 Mayor & City Council Hearing Date: February 1, 2005 Page 3 of 4 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. Lot 16, Block 5 shall be free of "wet ponds" or other such nuisances. All stonnwater detention facilities incorporated into the required open space are subject to Ordinance 12-13- 14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 13. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period oftime not to exceed 24 hours for all storms up to and including a 100-year storm event. 14. The pressurized irrigation system within this development is to be owned and maintained by Nampa-Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 15. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 16. Complete the Certificate of Owners and accompanying Acknowledgment. 17. Add a label, per the legal description in the Certificate of Owner's, to the southeast comer of Lot 6, Block 1. 18. Widen out the rear easement across Lots 11-15, Block 5 to lO-feet. 19. State the width of the drainage easement across Lots 15-16, Block 5, and provide a tie dimensions from the northeast comer of Lot 15 to the edge of the easement. 20. Revise the year of platting to "2005." 21. The Delta and Chord Bearing/Distance calls shown in the curve table for Curve #3 don't match the corresponding calls in the legal description of the Certificate of Owner's. Please make the appropriate corrections. 22. Staff's failure to cite specific ordinance provisions or tenns of the approved Development Agreement or Preliminary Plat does not relieve the Applicant of responsibility for compliance. FP-D5-003 Exhibit "A" Packard Acres Sub3 FP.doc Transmittal Date: January 27,2005 Mayor & City Council Hearing Date: February 1, 2005 Page 4 of 4 GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confinnation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for non- domestic purposes such as landscape irrigation.) 3. Install 1 aD-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-05-003 Exhibit "A" Packard Acrcs Sub3 FP.doc Transmittal Date: January 27,2005 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DAVID WALDRON FOR APPROVAL OF 11 COOMERCIAL BUILDING LOTS AND 1 OTHER LOT ON 14 ACRES IN A C-G ZONE LOCATED ON THE NORTHEAST CORNER OF FRANKLIN ROAD AND NOLA ROAD IN A RESUBDIVISION OF LOTS 2 AND 3, BLOCK 1 OF SP ARROWHA WK SUBDIVISION, BOOK 86, PAGE 9797 AND 9798, ADA COUNTY RECORDS, AND LYING IN A PORTION OF THE S Yz OF T. 3N. R IE., SECTION 8 C/C February 1, 2005 CASE NO. FP-05-001 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 1, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: February 1,2005, to the Mayor and Council, and the Council IT IS HEREBY ORDERED THAT: having considered the requirements ofthe preliminary plat the Council takes the following action: ORDER OF CONDITIONAL AFPROY AL OF FINAL PLAT FOR SPARROWHAWK SUBDIVISION NO.3! CFP-05-00l) Page 1 of 4 1. The Final Plat of "PLA T SHOWING SP ARROWHAWK SUBDIVISION NO.2, A RESUBDIVISION OF LOTS 2 AND 3, BLOCK 1 OF SP ARROWHA WK SUBDIVISION, BOOK 86, PAGE 9797 AND 9798, ADA COUNTY RECORDS, AND LYING IN A PORTION OF THE S Y2 OF T. 3N. R ] E., SECTION 8, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 12/20/04, SHEET 1 OF 3, MARKS LAND SURVEYING", DAVID WALDRON, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Bruce Freckleton, Development Services Manager for the Pub lic Works Department, dated: Hearing Date: February 1, 2005, listing 23 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 10 GENERAL REQUIREMENTS, a true and conect copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SP ARROWHA WK SUBDIVISION NO.3 I (FP-05-00 1) Page 2 of 4 AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the \ st- day of Frhn I fUt I J ,~ 2005'. lerI~ ~, 1'f1~ Copy served upon Applicant, the Pl'ciri.n. City Attorney. ' ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPARROWHAWK SUBDIVISION NO. 31 (FP-05-001) Page 3 of 4 By:JO \0 fYl ~Jthl&^- Cl Y Clerk's Office Dated: 2- \e-O~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SPARROWHAWK SUBDIVISION NO. 3 / (FP-OS-OOl) Page 4 of 4 MA YOR Tammy de Weerd CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree STAFF REPORT: City Council Date: February 1, 2005 To: Mayor & City Council Sonya Allen; Assistant City Planner c1/{ ~ Bruce Freckleton, Development Sen:rces Manager ~ From: Re: Sparrowhawk Subdivision No.2 Request for Final Plat Approval of Eleven (11) Commercial Building Lots and One (1) Common Lot on 14 Acres in a C-G Zone for Sparrowhawk Subdivision No.2, by David Waldron (File No. FP-05-00J) We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, David Waldron, has requested final plat approval for 11 commercial building lots and 1 common lot on 14 acres in a C-G zone for Sparrowhawk Subdivision NO.2. This subdivision is a resubdivision of Lots 2 & 3, Block 1, of Sparrowhawk Subdivision (No.1). The proposed subdivision is located at the Northeast corner of N. Nola Road and E. Franklin Road, in the SW ~ oiSection 8, T.3N., R.1E. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the final plat for Sparrowhawk Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC REOUIREMENTS 1. Applicant is to meet all terms of the approved Annexation (AZ-00-024) & Development Agreement(s), Preliminary Plat (PP-03-043) and Conditional Use Pennit's (CUP-02-00l & CUP-03-066) for this subdivision. Exhibit "A" Mayor & City Council Hearing Date: February 1,2005 Page 2 of 5 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. 3. The following notes on the plat dated 12/20/04, prepared by Marks Land Surveying, need to be revised or added: (6.) Include recording Instrument number of cross access agreement. (IO.) Revise note #10 to include the maintenance of all common areas including drive aisles, landscaping, etc. to be the responsibility of the Sparrowhawk Business Owners Association. CllJ "Direct lot access to E. Franklin Road is orohibited unless aooroved bv ACHD and the Citv of Meridian." 4. The Landscape Plan prepared by The Land Group, dated 12/15/04 needs to be revised as follows: a. A mmnTIum 6-foot fence is required around the perimeter of the subdivision. Perimeter fencing along the western boundary of Lot 2 must be located ill! the property line (see PP-03-043 Finding #6, pg. 7). b. Sheet L2.0 does not include Lot 5, Block 1. In accordance with CUP-03-066 Finding #3, pg. 4, include a IS-ft. wide landscape buffer and a minimum 6-foot tall fence on the northern boundary of this lot. c. Increase landscape buffer width from IS-ft. to 25-feet along the northern boundary of Lot 1 per PP-03-043 Finding #2, pg. 6 and Sparrowhawk Subdivision #1 landscape easement. d. Sidewalk along E. Franklin Road shall be located within the 10-ft. wide ACHD sidewalk easement, ACHD right-of-way, OR provide staff with a copy of a recorded pedestrian access for the portiones) of the sidewalk that encroach into the landscape buffer easement. e. Correct "W." Franklin Road to read "E." Franklin Road. 5. Correct the street name shown on the face of the final plat to read "E." instead of "W." Franklin Road. 6. On the face of the final plat, depict a IS-ft. wide landscape easement along the northern boundary of Lots 2-5, Block 1, as required with CUP-03-066 Finding #3, pg. 4. 7. Through CUP-03-066, the applicant was allowed to defer construction of the landscape buffer on Franklin Road for a maximum of 18 months from the City Engineer's signature of the final plat. If after 18 months the landscape buffer has not been constructed, the City shall not issue any building permits or sign off on occupancy on any structures on this site until the landscaping has been completed. FP-05-00] Exhibit "A" SpmTOwhawk Sub2 FP,doc Transmittal Datc: January 26, 2005 Mayor & City Council Hearing Date: February 1, 2005 Page 3 of5 8. Street signs are to be in place, water system shall be approved and activated, fencing installed, access road base approved by the Meridian Fire Department, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 9. AU development improvements, including sewer & water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 10. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 11. Sanitary sewer service and municipal water to this development shall be via extensions from existing mains. Applicant will be responsible to construct, or re-construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Depatiment. Applicant shall execute City of Meridian standard fonn of easements, for any mains that are required to provide service. 12. AIl lots within this development shall be subject to paying sanitary sewer latecomer fees at the time of issuance of a building permit for each individual lot. Latecomer fee are a means of repaying those responsible for installing mains that made the subject property serviceable. 13. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 14. The pressm1zed irrigation system within this development is to be owned and maintained by Sparowhawk Sub. No. 2 Building Association. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point cOlmection is utilized, the developer shall be responsible for the payment of water assessments for the common areas, and well development fees prior to signature on the final plat by the Meridian City Engineer. 15. Provide a recorded copy of a cross access agreement(s) for the lots within the subdivision to utilize the service drive aisles as access to the public street system. Maintenance of said drive aisles shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. The applicant shall provide the required document(s) prior to the City Engineer's signature ofthe final plat. 16. Complete the Certificate of Owners and accompanying Acknowledgment. 17. Complete the CPF filing numbers on the section comers referenced on the face of the plat. 18. Add the City of "Meridian" to the situate statement of the plat. FP-05-00 I Exhibit "A" SpmTowhawk Sub2 FP.doc Transmittal Date: January 26,2005 Mayor & City Council Hearing Date: February 1,2005 Page 4 of 5 19. Correct the heading and second line of the Certificate of Owner to reflect the singular. 20. It appears that the distance (2~645.88') from the point of commencement in the legal description of the Certificate of Owner to the first point is incorrect. Please make the appropriate corrections. 21. Correct the reference to the centerline of ~ Franklin Road to be .E.:. Franklin Road in the first leg of the legal description of the Certificate of Owner. 22. It appears that the bearing quadrant (N 00023 '00" 10 from the calculated point on the section line to the Point of Beginning should be (N 00023 ~OO" ID. Please confirm. 23. Staffs failure to cite specific ordinance provisions or terms of the approved Annexation & Development Agreement(s), Preliminary Plat or Conditional Use Permits does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals~ exclusive of natural waterways~ intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. (Wells may be used for non- domestic purposes such as landscape irrigation.) 3. Install 250-watt~ high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 4. Applicant's engineer will be required to submit a signed, stamped statement certifYing that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. 6. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. FP-05.00 I Exhibit "An Sparrowhawk Sub2 FP.doc Transmittal Date: January 26, 2005 Mayor & City Council Hearing Date: February 1, 2005 Page 5 of5 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. Developer shall coordinate mailbox locations with the Meridian Post Office. 9. Coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to determine fire flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approvaL RECOMMENDATION Staffrecommends approval of the final plat with the above stated comments and conditions. FP-05-00 I Exhibit "A" Sparrowhawk Sub2 FP.doc Transmittal Date: January 26, 2005 BEFORE THE MERIDIAN CITY COUNCIL CIC February 1, 2005 IN THE MATTER OF THE APPLICATION OF DYVER DEVELOPMENT, LLC FOR APPROVAL OF 83 SINGLE- FAMIL Y RESIDENTIAL BUILDING LOTS AND 5 COMMON LOTS ON 25.86 ACRES IN AN R-4 ZONE LOCATED ON THE NORTHEAST CORNER OF NORTH BLACK CAT ROAD AND WEST CHERRY LANE IN THE SW y.; OF THE SW y.; OF T. 3N., R. lW., SECTION 3 CASE NO. FP-05-002 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on February 1, 2005, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: February 1, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: I. The Final Plat of "PLAT SHOWING MILLIRON PLACE SUBDIVISION LOCATED IN THE SW y.; OF THE SW ~ OF T. 3N., R. 1 W., SECTION 3, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPRO V AL OF FINAL PLAT FOR MILLIRON SUBDIVISION / (FP-05-002) Page 1 of 4 HANDWRITTEN DATE: February I, 2005, SHEET I OF 5, BAILEY ENGINEERING, INC.", DYVER DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Plmming and Zoning Department and Bruce Freckleton, Development Services Manager for the Public Works Department, dated: Hearing Date: February I, 2005, listing 26 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 9 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Joint School District No.2, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of I page, and by this reference incorporated herein, and the response letter from Nampa & Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "c" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifYing that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements, NOTICE OF FINAL ACTION ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILLIRON SUBDIVISION I (FP-05-002) Page 2 of 4 AND RIGHT TO REGULATORY TAKINGS ANALYSIS The App Ii cant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the r5\- \ day of Fe \::>ruo..~ ,2005. By: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILLIRON SUBDIVISION / (FP-05-002) Page 3 of 4 By: 1nh01YY1.A}...~ City Clerk's Office Dated: 2,24 JOG ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILLIRON SUBDNISION I (FP-05-002) Page 4 of4 MA VOR Tammy de Weerd PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax (208)898-955 [ CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree ,~ IDAHO 1~ q~\1't"1l .~ ..~ PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 l" smn: ',1903 STAFF REPORT: Hearing Date: February 1,2005 To: Mayor and City Council From: Sonya Allen, Assistant City Planner Bruce Freckleton, Development Services Manager~ Re: Milliron Subdivision Request for Final Plat approval of Eighty~three (83) Single-family Residential Building Lots and Five (5) Common Lots on 25.86 Acres in an R-4 Zone by Dyver Development, LLC (File No. FP-05-002). We have reviewed the above referenced submittals and offer the following comments as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Dyver Development, LLC, has applied for Final Plat approval of 83 single-family residential building lots and 5 common lots on 25.86 acres ofIand for Milliron Subdivision. The zoning designation for the proposed subdivision is R-4 (Low Density Residential). The proposed gross density of the subdivision is 3.21 dwelling units per acre. The proposed net density is 4.1 dwelling units per acre. Milliron Subdivision is located on the north-east comer of Black Cat Road & W. Cherry Lane, in the SW 1.l of Section 3, T.3N., R.1W. The submitted final plat substantially complies with the approved Preliminary Plat. Staff recommends approval of Milliron Subdivision with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS I FINAL PLAT 1. Applicant is to meet all tenus of the approved Preliminary Plat (PP-04-034) for this subdivision. FP-OS-002 Exhibit "A" Milliron Sub FP.doc Mayor & City Council Hearing Date: February 1,2005 Page 2 2. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. 3. Revise or add the following notes on the face ofthe plat: W Delete note, no longer required on plat. (10.) Complete Record of Survey No. (II.) "...is prohibited HEless sfleeifieall) aIle ea B) tRe Aaa Cel:lFlt) Higl'l. a) District ana Cit) efHeridian." 4. The landscape plan shall be revised as follows: a. Lots 7-17, Block 1 (north boundary) shall have a 6-ft. solid vinyl fence. Desert- type landscaping (e.g. no irrigation) shall be installed north of the fence on Lot 6, Block 1 per Preliminary Plat Finding Exhibit C, #12.a. b. Lots 17-20, Block 1 and Lots 1-4, Block 5 (east boundary) sha1l have a 4-ft. solid vinyl fence. c. Show the common lot, Lot 6, Block 1, on the landscape plan. d. Show the location and materials proposed for the dry stream bed on Lot 9, Block 6, also show contours for illl drainage areas. 5. The applicant has indicated that Settler's Inigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressUlized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point cOlll1ection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 7. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all cOITections necessary to comply. 8. The pathway proposed on Lot 9, Block 2 must be constructed to ADA standards for handicap accessibility. 9. Include in the CC&R's for this subdivision that Lots 7 - 20, Block 1 and Lots 1-4, Block 5 shall have a minimum house size of 1,700 s. f. per dwelling unit for single story units and 1,900 s.f. per dwelling unit for two story units (per Preliminary Plat Finding Exhibit C, #11). FP-05-002 Exhibit "A" Milliron Sub FP.doc Mayor & City Council Heming Date: February 1, 2005 Page 3 10. Include in the CC&R's for this subdivision that the rear yards of Lots 17-20, Block 1 and Lots 1-4, Block 5 (east boundary) shall include a minimum of four (4) trees, seven (7) 5- gallon slrrubs, and seven (7) I-gallon shrubs (per Preliminary Plat Finding Exhibit C, #12.b.). 11. The applicant shall incorporate into the Milliron Subdivision Conditions, Covenants and Restrictions the nine (9) bullet items pertaining to home construction materials, fencing, pathways, landscaping and other areas (entitled "Milliron Subdivision") and which is attached as Exhibit D to the Findings of Fact and Conclusions of Law. All items shall be enforced as written unless otherwise modified by the Site Specific Conditions in Exhibit C (per Preliminary Plat Finding Exhibit C, #13). 12. The vacation of the existing Idaho Power Co. power line easement shall be approved by all applicable agencies prior to the City Engineer signature of the final plat. 13. At time of final plat, applicant/contractor shall ensure all trees are located in such a manner as to not create a conflict with the gravity drainage line shown in Lot 1, Block 6 and Lot 9, Block 5 (the Cherry Lane Street buffer) per Preliminary Condition #5a., exhibit C. 14. All areas being counted toward the 5% open space requirement shall be free of "wet ponds" or other such nuisances. All stonuwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 15. Prior to City Engineer signature on the final plat, submit a copy of an executed license agreement with Settlers Irrigation District that allows the encroachment of the Settlers Canal, Milliron Lateral and the Stewart Lateral easements, unless otherwise waived by the City Engineer. 16. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 17. All development improvements, including sewer, fencing, micro-paths, pressurized ilTigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 18. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized inigation, sanitary sewer, water, etc., prior to signature on the final plat. 19. Sanitary sewer and water service to this site shan be via existing mains. The applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall FP-05-002 Exhibit "A" Milliron Sub FP.doc Mayor & City Council Heming Date: February 1,2005 Page 4 execute City of Meridian standard fonns of easements, as well as License Agreements with the appropriate jurisdiction for any mains that are required to provide service. 20. Portions of this development shall be subject to latecomer's fees to reimburse those responsible for extending water service into the area. Latecomer fees for each applicable lot shall be due and payable plior to signature on the final plat by the City Engineer. 21. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 22. Correct the bearing (N 00035'31" E) for the tie from the section line to the Real Point of Beginning. It appears that it should read (N 00045'31" E). 23. Add the distance dimension to the west side of Lot 6, Block 1. 24. Add cross hatching or some other pattern to the easement areas covered by Note 2. 25. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all stonns up to and including a IOO-year stonn event. All stOlID drainage must be in compliance with MCC 12-13-14, Stormwater Integration. 26. Staffs failure to cite specific ordinance provisions, or tenns of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees wiII not be considered as replacement trees for those trees that have to be removecI. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundrecI-fifty and IOO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Depmiment prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. FP-05-002 Exhibit "A" Milliron Sub FP.doc Mayor & City Council Hearing Date: February 1,2005 Page 5 5. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 6. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 7. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 8. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-05-002 Exhibit "A" Milliron Sub FP.doc School District No.2 .. Meridian, Idaho 83642 .. (208) 855-4500 .. Fax (208) 888-6700 SUPERlNTENDENT Dr. Linda Clark January 13, 2005 City of Meridian 33 East Idaho Meridian, Idaho 83642 City or Meridian City Clerk Office Dear Planners: The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. Approval of MilIron Subdivision will have a significant impact on school enrollments at Chaparral Elementary Meridian Middle and Meridian Hi!2:h SchooL We can predict that these homes, when completed, will house twenty-five (25) elementary aged children, twenty-three (23) middle school aged children, and seventeen (17) senior high aged students. Additional students will further compound the current overcrowded situation. Residents cannot be assured of attending the neighborhood school, as it may be necessary to bus students to other schools across the district. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. If you have any questions, please contact me at 888-670 I. Sincerely, ~~~ Wendel Bigham Supervisor of Facilities and Construction Exhibit "a" City of Meridian City Clerk Offie,? & ~ 1~ 7)f4t;Uet 1503 fiRST STREET SOUTH NAMPA, IDAHO 83651 -4395 FAX # 208-463-0092 19 January, 2005 Phones: Area Code 208 OFFICE: Nampo 466-7861 SHOP: Nampo 466-0663 William G. Berg Jr., City Clerk City of Meridian 33 East Idaho Ave. Meridian, ill 83642 RE: FP 05~002/Milliron Subdivision Dear Will: Drainage is being retained ausite and there is no impact on any Nampa & Meridian Irrigation District facilities. Therefore this proposed project appears acceptable to the Nampa & Meridian Irrigation District Sincerely, ~.ufJ~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg c: File - Office/Shop Exhibit "e" APPROXIMATE IRRIGASlE ACRES RIVER FLOW RIGHTS. 23.000 DELINQUENCY FOR TURN OFF Schedule for February 2, 2005 Cycle 2 RECEIVED FEB .:.1 2005 City of Meridian City Clerk Office MA YOR: Pursuant to Meridian City Code 9-1-21, delinquent water users shall have the right to request a pre termination hearing prior to water service being disconnected. No water users having requested such pre- termination hearing for February 1, 2005, water service for the attached turn -off list will be terminated on February 2, 2005. The total amount of the turn-off list is $35,955.23 Delinquent Ac:count List. c:ouncil Standard Payment Customers Current Period: 02/05/2005 No Delinquent Minimum AmountDelinquent Balance Report Criteria: Terminated customers not induded Customer.Cusl No () = {<I 880000001 Customer.Bill Cyde = 2 Page: 1 Feb 01. 2005 03'59pm 13.13.8426.2 A.M. THOMPSON MOON LAKE TI 17.34.2090.1 ABBOTT. PERRY 8.08.0472.2 ABBOTT. ROBERT & TERESA 18.42.2992.4 ABLEMAN, DOUG & ANGELA 17.34.2728.5 ACKERMAN, ELAINE 13.13.9016.2 ADAMS, MARY 17.34.3272.2 ALCOTT, JEFFREY & ELLEN 9.09.9144.2 ALIAS, MICHAEL 18.43.0156.1 ALlBEGIC, MUSTAFA 14.19.0960.2 ALLEN, ALVIN & BETTY 15.21.0082.1 ALLEN, SCOTT 16.31.3422.1 ALLEN, SEDENA 14.19.1062.2 ALLEN, TOBY 15.15.0110.2 ALTA 7.48.0040.2 AMERICAN BUILDING CO 15.21.1784.1 ANDERSEN, SHARRON 14.19.1360.1 ANDERSON. KIRK & CHERYL 16.31.3496.7 ANOERSON, WILBUR 15.22.1250.1 ANDERSON, WILLIAM 3.03.5322.2 ANDREWS, FLETCHER & AMY 16.32.0482.2 ANSON. REBECCA 17.34.2878.1 ANTHONY, WILLIAM 9.09.9624.1 APOLLO HOMES 14.14.3016.2 ARANDA, ANOREW & SHAROL 17.33.2312.1 ARGON, NATHAN 18.42.1968.2 ARMSTRONG, GARY & LAURA 10.20.0288.2 ASPEN HOMES 15.21.0066.1 ATHAY, ROBERT 18.42.1026.1 AVlI L.L.C. 15.21.0476.2 BACON.LALAINYA 15.21.1914.1 BACON, RONALD 18.43.0356.2 BAGCHI, JUDY & TANUJ 16.32.1172.1 BAKER, ELSIE M. 17.33.1834.1 BAQUERO, NELSON & BEATRIC 17.34.2768.2 BARBEY, THOMAS 13.13.1200.3 BEATON. BONNIE 14.14.5010.2 BEAUCANNON, JUSTIN 16.32.1076.2 BEESON, LORRAINE 17.33.2316.1 BELL, RICHARD 17.86.0002.2 BENETEX CO 15.21.0490.2 BENHAM, MICHAEL & ISRAEL 17.33.2772.3 BENNETT. GREG 14.14.3628.2 BENSON, JOSHUA 9.09.9112.2 BEVINS, LAURA & KINGS, PHILl 18.42.4038.3 BIBIKOV,OANIEl 15.21.1990.2 BICKEL, DWIGHT & CYNTHIA 15.22.2106.3 BIENAPFL, CARMEN & ROBERT 3.03.5124.2 BIGHAM, CINDY 17.79.0315.1 BIGHORN ENT 17.79.0503.1 BIGHORN ENT Last Pml Last Pmt Balance Non.Delinq 11/20/2004 Date Amount ~~-~--- 104.78 49.12 55.66 01/03/2005 50.57 . 91.64 44.02 47.62 12/1 4/2004 48.60 . 31.66 31.53 .13 01/21/2005 43.63. 109.54 70.26 39.28 01/06/2005 78.56. 83.64 56.64 27.00 12/23/2004 80.00. 129.92 65.37 64.55 12/02/2004 62.59. 40.27 40.26 .01 01104/2005 43.03 . 60.86 42.81 38.07 01104/2005 39.05. 76.10 35.29 42.81 11/30/2004 118.41 . 69.81 20.25 20.25 24.17 10101/2004 23.06. 48.52 10.82 36.93 .77 01/24/2005 77.00 . 93.03 46.57 45.59 .87 01/04/2005 38.00. 74.10 70.34 3.76 12/17/2004 150.00 . 165.95 72.81 46.57 12/01/2004 122.02. 27.65 21.46 6.19 164.11 42.81 40.85 24.90 01/25/2005 30.00. 80.71 80.71 04/27/2004 35.20. 89.36 46.57 42.81 01104/2005 41.83 . 74.34 35.29 39.05 12/23/2004 44.93 - 80.36 40.26 40.10 98.24 55.30 42.94 01/19/2005 50.00. 77.74 44.02 33.72 11/30/2004 86.46 . 45.38 21 .46 18.56 93.96 39.05 54.91 01104/2005 53.93. 62.92 51.54 31.38 11102/2004 53.82. 92.76 44.02 46.76 01/11/2005 46.80. 52.36 17.70 34.68 66.33 27.77 38.56 01/04/2005 75.00 . 654.15 609.03 45.12 01/14/2005 1.338.38 - 70.06 28.96 41.06 12/08/2004 65.65 - 62.70 28.98 33.72 11/30/2004 44.50 - 50.39 50.33 .06 12/29/2004 80.00 - 69.24 36.50 32.74 12/09/2004 40.58 - 80.52 40.26 40.26 12/06/2004 39.28 - 72.08 69.13 2.95 01/12/2005 97.05. 93.14 46.57 46.57 12/21/2004 68.66. 94.48 49.12 45.36 01/04/2005 47.32 - 56.98 28.98 28.00 01/04/2005 75.60. 167.34 58.98 74.44 01/04/2005 50.00 - 46.14 17.70 28.44 148.66 66.50 40.10 12/02/2004 93.82 - 112.93 61.61 51.32 01/07/2005 80.00 - 99.96 54.09 45.87 01/03/2005 39.00 - 65.32 25.22 40.10 01/03/2005 81.18- 98.82 70.26 28.56 12/06/2004 120.00 . 94.94 46.57 48.37 12/09/2004 48.37. 73.82 32.74 41.08 12/06/2004 82.16. 180.44 36.69 37.16 21.64 17.70 3.94 12/06/2004 3.50. 21.64 17.70 3.94 12/06/2004 3.50. Cust No ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List. council Page 2 Standard Payment Customers Feo 01. 2005 03:59pm Current Period: 02/05/2005 No Oelinquent Minimum AmountOelinquent Balance Last Pml Last Pmt Non-Delinq Oate Amount ------------ 18.42.0352.3 BINDER, LANCE A 107.90 65.29 42.61 01/05/2005 80.00. 14.19.4458.6 BIRDITT, DENNIS J. 82.32 40.26 42.06 01/03/2005 41.08. 15.22.1342.2 BISIG, JOSEPH W 60.62 55.29 5.33 12/0712004 40.10 - 17.33.2528.2 BLACK. WILLIAM & CAROLYN 97.26 52.88 44.38 12/10/2004 44.38 - 17.33.2600.1 BLACKHURST. SCOTT 76.76 40.26 36.50 01/04/2005 35.52 - 15.21.3034.4 BOBKO, RAYMOND 62.09 57.85 4.24 11/0212004 183.50. 16.31.0512.1 BOKMAN. HELEN 93.76 44.02 49.74 01/04/2005 34.00 - 1 5.15.0071.4 BOLTON. GREG & CINDY 87.72 40.26 29.80 12107/2004 15.08. 17.34.1318.2 BOOHER. CRAIG & DANA 129.04 70.26 58.78 01/18/2005 30.00. 15.15.0528.2 BORGES. FRED & TRACY 76.23 39.05 37.18 12129/2004 78.00. 10.10.0626.1 BOSSLER, LISA 70.11 69.13 .98 01/14/2005 50.00 - 10.20.0042.2 BOWEN, BUSTER & COLLETTE 80.88 35.29 45.59 12/0212004 42.06 - 16.32.1372.2 BOYD, JAMES 98.86 50.33 48.53 01/13/2005 45.59 - 16.31.3068.5 BRATT. DENISE 95.56 51.54 44.02 01/04/2005 42.06 - 16.16.3306.2 BREWER. CHRIS & ELIZABETH 111.94 57.85 54.09 01104/2005 54.09 - 16.32.0926.1 BRIGGS, NADINE 328.92 66.58 94.50 02101/2005 50.00 - 16.32.0504.3 BRIGHT. ARRaN & SONIA 94.90 55.30 39.60 01/04/2005 40.00 - 10.10.2150.2 BROOKS, LEE & SHARON 33.82 32.74 1.08 12/09/2004 28.98 - 6.06.1504.2 BROSKI. MICHAEL & TINA 75.99 32.77 21.61 21.61 11/1212004 22.59. 3.03.5316.2 BROWN. CHRISTOPHER & AMAI 38.28 17.70 17.72 2.86 15.22.1628.1 BROWN. MARK A. 46.52 17.70 28.82 12121/2004 56.30 - 15.21.1658.2 BROWNlEE, DEANN 99.32 47.78 51.54 01/05/2005 81.48 - 18.42.1822.1 BRUCE. BITTON 92.31 50.33 41.98 01/18/2005 53.00- 17.33.3746.1 BRUCE. DARIN & MARTINA 104.06 51.54 52.52 01104/2005 51.54 - 15.22.0810.1 BRUNELLO. JOHN L 105.89 39.05 38.07 11/23/2004 65.00 - 18.42.1876.1 BRYANT, JOHN' 65.66 32.74 32.92 12101/2004 80.00 - 16.31.0742.2 BRYDEN. PETER 168.00 92.82 48.92 12101/2004 100.00 - 9.09.9040.2 BRYNGELSON. MATTHEW & STI 48.54 47.78 .76 01/13/2005 39.28 - 9.09.0272.2 BUCKNER. KARLA 68.26 32.74 35.52 12/28/2004 36.50. 17.33.1852.1 BUNDY. DOYLE 109.50 36.50 35.52 12/16/2004 39.44 . 14.19.4438.7 BURCHFIELD. DARRAL 52.78 51.54 1.24 01105/2005 40.00 - 14.19.7150.2 BURCHFIELD, DARRELL 108.34 65.37 42.97 12129/2004 42.97 - 16.31.2244.2 BURGESS. MICHAEL 74.18 31.53 42.65 12/07/2004 14.39 - 9.09.9280.2 BURKS. DENNIS & CAROLE 69.25 17.70 37.16 17.33.2264.2 BURNS, E. GALE 116.30 74.02 42.28 01/06/2005 91.00 - 16.31.3062.4 BURNS, RICK 56.98 28.98 28.00 01104/2005 27.72 - 3.03.5360.1 BURRUP, OAN & DENNA 81.86 46.57 35.29 12/08/2004 42.81 - 16.32.1100.3 BURTON, JACK 76.60 47.78 28.82 12/09/2004 32.74 - 18.42.2460.1 BURTON, JACK 70.42 35.29 35.13 12121/2004 47.87 - 15.22.2524.2 BURTON. LONNY & ANNE 103.44 54.09 49.35 12130/2004 78.37 - 17.33.3758.3 BURTON. TOM & KATHY 121.94 67.92 54.02 12123/2004 52.06 - 15.21.0472.1 BUTTERFIELD, BRIAN 117.51 54.09 63.42 01104/2005 70.00 - 17.34.0696.1 BUTTRAM. DEANNA 70.30 56.64 13.66 11/23/2004 100.00 - 8.08.1546.2 BYINGTON, ELMER 61.17 24.01 37.16 17.34.1204.3 CABBAGE, JONAS & MICHELLE 86.08 44.02 42.06 12/08/2004 43.04 - 15.21.0522.1 CALWELL. MARC 77.12 39.05 38.07 01/05/2005 105.15 - 8.08.1450.2 CAMERON, TONY & JAN 131.05 42.81 44.61 11101/2004 87.54 - 16.31.3536.2 CAMPBELL, SCOTT 50.16 28.98 21.18 12/21/2004 10.00 - 14.19.7158.2 CAMPBELL, BENJAMIN 76.76 40.26 36.50 11/30/2004 72.02 - 17.33.2736.2 CAMPBELL, WILLIAM III & ANNIE 41.03 39.05 1.98 01104/2005 36.10 - 16.32.0910.3 CANNELL, FRANK & CATHY 96.54 47.78 48.76 01105/2005 52.68 - 15.22.1050.1 CANON. BILL & BETSY 88.37 42.81 45.56 01104/2005 50.00 - 8.08.0584.1 CANYON CREST HOMES 25.92 21.46 4.46 3.90.0202.1 CARBEU, DWAYNE & MORTON, 84.28 51.54 32.74 08/03/2004 20.00 - 18.42.2554.2 CARDON. ANDREA 45.42 27.77 17.65 12106/2004 53.25 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account list- council Page: 3 Standard Payment Customers Feb 01.2005 04:00pm Current Period: 02/05/2005 No Delinquent Minimum AmountDelinQuent Balance Last Pml Non-DelinQ Date --~-~- 8.85.0040.2 CARHILL. DANIEL & MICHELLE 143.77 10.82 38.14 16.32,0884.1 CARLSON. DEBORAH J. 73.00 32.74 40.26 01/04/2005 45.16 - 17.34.1808.2 CARPENTER. DOUGLAS 124.12 76.57 47.55 01/04/2005 41.95 - 17.34.0942.3 CARR. ERIC & MCGEE SARA 81.34 40.26 41.08 11/29/2004 112.54 - 15.21.3130.2 CARSTENSEN, LUCINDA 85.14 54.09 31.05 02/01/2005 25.00. 6.06.2074.2 CARTER. MICHAEL & HEIOI 74.32 43.23 31.09 12/14/2004 29,13. 9.09.9146.2 CATALANO, DOMINIC 97.88 50.33 47.55 11/30/2004 45.00. 16.32.1274.1 CATHCART. CHARLES 70.42 35.29 35.13 12/14/2004 35.15 - 3.18.0410.1 CHAMBERS CONSTRUCTION 71.84 17.70 17.70 14.14.3012.2 CHAMPAGNE. KIMBERLY & DEt-. 100.10 51.54 46.56 01/27/2005 47.00 - 14.19.1570.2 CHANDLER, WHITNEY 54.08 17.70 17.70 18,68 11/02/2004 21.62 - 15.21.1402.2 CHAPMAN, JAMES 131.68 44.02 53.34 34.32 01/05/2005 50.00 - 18.42.2582.1 CHAPMAN, LORRI 77.12 39.05 38.07 01/04/2005 38.07 - 15.21.2658.1 CHAPPELL, ANTHONY 65.33 35.29 30.04 01/04/2005 60.00 - 9.09.0742.2 CHATTERTON. MICHAEL & TERI 87.06 44.02 43.04 01103/2005 48.72 - 9.92.7106.2 CHAVES, ROBERT 25.14 17.70 7.44 18.42.4080.2 CHIESA. BRYCE 95.50 47.78 47.72 11/30/2004 60.00 - 15.15.0047.2 CHRISTENSEN, DAVia 180.54 97.92 56.80 01/04/2005 60.00 - 7.40.0286.2 CHRISTENSEN. KENNETH 70.93 36.50 34.43 18.42.2346.2 CHRISTIANSON. LACEY A. 165.48 102.89 62.59 12/02/2004 133.99 - 14.14.4460.2 CHRISTIE, DARIN & STEPHANIE 93.14 50.33 42.61 01/03/2005 42.61 - 14.20.3046.3 CHRZ. OPAL 58.94 28.96 29.96 12/0212004 56.00 - 16.31.0790.3 CLARK. DONN 67.12 25.22 41.90 12101/2004 41.90 - 7.40.0094.1 CLARK, RICKY 84.28 44.02 40.26 12115/2004 81.50 - 18.42.2376.3 CLAY. STEVEN & SUSAN 77.48 44.02 33.48 01/1212005 41.00 - 10.10.1028.2 CLYDE, TIFFANY 78.54 40.26 38.28 12/01/2004 100.00 - 16.31.2276.1 COATES, CRAIG 115.39 12.13 41.83 61.43 11/02/2004 59.46 - 9.92.7066.1 COBBLEFIELO CROSSING POOl 77.67 17.70 17.70 15.27 7.40.0066.1 COCHELL, TIM & ANGELlA 45.10 44.02 1.08 01/13/2005 41.24 - 9.09.9622.2 CONOVER, RICHARD & JENNIFE 41.45 40.26 1.19 01110/2005 41 .85 - 14.19.0532.2 COOK. CASEY & NIKI 74.06 17.70 38.14 11/29/2004 60.00 - 14.20.1708.1 CORDRY. MARK 206.10 121.77 64.33 11129/2004 180.41 - 15.21.0014.3 CORSON, ROBERT & CHRISTIE 92.99 47.78 45.21 01104/2005 157.37 - 9.09.9236.3 COSENZA, BARBARA 96.46 42.81 41.67 16.31.3420.1 COUCH, JULIA 71.80 36.50 35.30 9.92.7160.2 COX, ANN K. 84.99 21.46 37.16 26.37 15.22.0922.4 COX, KATHY 133.17 39.05 45.59 48.53 11/30/2004 84.03 - 9.09.9402.2 COX, TIMOTHY & JILL 92.16 46.57 45.59 12116/2004 40.10 - 17.34.2710.5 CRANE, SHANE 80.52 36.50 44.02 11/29/2004 133.92 - 8.85.0006.2 CRANER, DON & TERA 93.63 46.57 45.59 11/23/2004 91.46. 14.19.7638.1 CRAWFORD, ETHEL 50.44 25.22 25.22 12/09/2004 25.22. 10.10.2360.1 CRESTWOOD CONSTRUCTION 86.04 70.34 17.70 01/28/2005 70,34 - 14.19.6670.1 CRIST, JERRY 72.02 36.50 35.52 01/05/2005 36,50 - 14.19.0112.1 CRUST, PHILLIP 86.60 46.57 40.03 12/09/2004 74.17 - 16.32.0714.2 CRUZ, EDUARDO & MARCIA 139.24 69.13 70.11 01/05/2005 71.09 - 15.22.1149.1 CRYSTAL SPRINGS HOMEOWN 465.70 08/31/2004 216.68 - 7.40.0328.1 CULLUM, DAVID 89.83 47.78 42.05 01/04/2005 50.00 - 6.06.1930.1 CUPP, SHAD & BECKY 74.29 67.51 6.78 02101/2005 40.00 - 15.21.2922.4 CUTLER, KIMBERLY 131.10 66.50 64.60 01/05/2005 133.20 - 8.08.1436.2 DANANZO. KATHLEEN 87.42 42.81 44.61 12/0212004 53.28 - 18.42.0346.2 DARRON STOUT 81.86 42.81 39.05 12/06/2004 81.03 - 15.21.1788.2 DAVENPORT, ANTHONY 119.96 39.19 80.77 01111/2005 60.77 - 15.22.1420.1 DAVENPORT, DUANE 91.19 46.57 44.62 01/11/2005 41.00 - 13.13.5004.1 DAVIS, MICHAEL & TIFFANY 136.64 44.02 46.80 10/29/2004 92.52. 14.14.4324.1 DBD INC. 89.23 46.57 42.66 01/04/2005 41.00. ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Oelinquen! Account List- council Page 4 Standard Payment Customers Feb 01, 2005 04:00pm Current Period: 0210512005 No Delinquent Minimum AmountDelinquenl Balance Last Pm! Last Pml Non-Delinq Dale Amount ---~-- 15,15.3010.2 DE JONG, JEANETTE 91.79 28.98 41.08 1012812004 140.00. 15.21.0240.2 DE LA HUNT. DAN & DIANE 70.00 36.50 33.50 12129/2004 35.00 - 16.32.0800.2 DELANEY. RITA 106.98 59.06 47.92 01105/2005 46.00. 13.13.6086.2 DELlC, MUHAMED & RAMDA 120.59 35.29 44.61 11/08/2004 38.14. 16.31.3002.3 DENKER, ERIN & JEFF 96.90 50.33 46.57 01/0412005 47.55. 3.03.5068.1 DESIGN CONSTRUCTION 38.88 21.18 17.70 12/2312004 14.95 - 3.90.0192.2 DEVAN, OON & JENNIFER 25.14 17.70 7.44 14.14.4442.1 DEVIN BEACH 68.19 54.09 14.10 01/0312005 50.00 - 14.19,7326.2 DICK, MICHAEL & TIA 88.08 46.57 41.51 01113/2005 49.35 - 15.15.0414.2 DILLON. BEAU 104.88 55.30 49.58 12108/2004 50.58 - 8.08.1220.2 DOBBINS, THURMAN J. 88.96 45.38 41.80 12108/2004 23.20. 3.03.5702.2 DOHERTY. JACOB & BARBARA 79.54 38.50 43.04 1211412004 43.04. 6.08.2014.2 DOKE, BRIAN & SHARON 80.88 48.99 33.87 1211512004 70.68 - 15.21.0144.1 DOMKA. DEBBIE 85.87 35.29 30.58 01/0312005 40.00 . 17.33.2594.2 DONALDSON. NEAL 85.62 42.81 42.81 01/11/2005 42.67 - 15.21.1958.1 DOTY, CHRISTY l. 32.77 24.01 8.78 12129/2004 70.19 - 3.03.5382.1 DOUBLE DUTCH DEVELOPMEN' 60,82 17.70 25.22 11109/2004 33.50 - 18.42.4202.1 DOUGHTY, KElLY 85.62 39.05 46.57 1210212004 45.59 . 3.03.5384.2 DOWERS. DONALO 96.60 32.74 21.62 18.42.2494.1 DRIVER. OONALD E, 79.90 39.05 40.85 12107/2004 46.73 - 15.22.2418.2 DUFF. DEAN & LAURIE 103.76 61.61 42.15 12/07/2004 82.33 - 14.19.0072.2 DUGGINS, ROY & ALTHEA 125.65 46.57 41.01 12/0112004 77 ,96 - 16.31.0834.1 DUMONT JR., TED 139.12 79,20 59.92 1212312004 87.36 - 8.08.1592.2 DUNN.GlASS. JULIE 75.16 31,53 43.83 12107/2004 37.15- 17,34.2802.1 DUNSTAN. BRETT & MICHELLE 90.36 46.57 43.79 12115/2004 88.55. 16,32.0856.1 DUPREE. LISA K 100.30 51.54 48,76 12129/2004 97.52 . 17.85.0001.1 EAGLE SPRINGS INVESTMENn 16.27 3.48 3.48 8,38 16.31.2318,1 EAGLE. ROBERT 137.75 46.57 46,57 44.81 1110212004 '45.58 - 18.42.2598.2 EASTBURN.GARY 101.48 42.81 58.87 0111412005 59.85 - 17.34.1898.1 EDINGER, REX S. 115.62 72.81 42.81 0110412005 73.79. 16.31.3034.1 EDWARDS, MARILYN 73.00 25.22 27.02 1210112004 100.00 . 15.22,1502.2 EDWARDS, ROBERT 198.86 116.72 82.14 0110412005 104.68 - 16.32,1258.2 ElAM, ROGER & PHAEDRA 149.18 104.10 45.08 01/0512005 120.00 - 17.33.2558.1 EL.BAKRI KIMBERLY 88.20 40.26 47.94 0111012005 44.02 - 18.42.4328.1 ELDRIDGE, PHILP & URQUICO, . 28.00 25.22 2.78 1212912004 25.00 - 14.20.1978.1 ELLIOTT, JANE 117.34 44.02 37.64 11130/2004 78.37 - 17.34.0520.6 EMPEY, AMY & WEBB, STEVE 101.28 59.06 42.22 01104/2005 44.18 - 3.03.5708.1 EQUITY BENEFITS 4.76 3.48 1.28 3.03.5344.1 EQUID' BENEFITS LLC 99.40 82.82 16.58 12110/2004 100.00 - 9.09.9070.2 ESHELMAN. ERIC & JENNIFER 80.06 35.29 44.77 12108/2004 43.79 - 16.32.1152.2 ESPINOLA, MIGUEL & MARGARl 78.20 40.26 37.94 0110412005 38.00 - 15.21.2828.2 FAIRBANK. MIKE & KATHY 100.65 20.25 39.71 1012912004 44.60 - 3.03.5030.2 FARMER, THOMAS & TAMMY 40.19 40.14 ,05 0110312005 41.03 - 16.31.0820.1 FARR, JERRY 72.02 36.50 35.52 1212312004 39.44 - 14.20.1822.1 FAWLEY, LESTER 88.40 39.05 49.35 1210112004 116.33 - 18.43.0402.3 FEKETE. ALEX & REBECCA 88.40 42.81 4S.59 1211312004 4S.59 - 15.15.0104.2 FELKINS. DAN & YOLANDA 106.14 69.05 37.09 01/0712005 59.05 . 16.15.0111.1 FENTON, RACHEL 96.75 68.83 25.04 18.43.0202.3 FERRY. MIKE & TRACEY 51.05 39.05 12.00 01/0312005 45.57 - 18.42.0466.2 FISCHER, DAVID 92.63 42.81 49.82 01/1812005 60,00 - 10,10.2158,1 FISHER CUSTOM HOMES 38.38 17.70 17.20 16.16.3640.2 FlTZEN, lARAE & LINDA 77.23 76.57 .66 011051200S 129,00. 14.14.3516.2 FLORES. DAVia 100.27 54.09 46.18 o 1107/200S 45.00 . 16.32.1376.3 FLORES. JOSE FELIX 135.44 61.62 53.82 12130/2004 50.00 - 15.21,2948,1 FOLKMAN. GEORGE 90.20 42,81 47.39 01119/2005 48.37. ... in Msg column indicates nO Notice is to be sent CITY OF MERIDIAN Delinquent Account list- council Page: 5 Standard Payment Customers Feb 01. 2005 04:00pm Current Period: 02/05/2005 No Delinquent Minimum AmounlDelinquenl Balance Last Pmt Non.Delinq Date ---- 10.100074.2 FRECKLETON, MARK & TINA 96.12 51.54 44.58 01/04/2005 50.00. 18.42.1042.1 FRED MEYER STORES MAILSTC 5.088.37 3.43602 1.652.35 12/13/2004 2.869.39 . 16.32.1366.4 FREOERICKS, PAUL 89.02 44.02 45.00 12/08/2004 45.00 - 17.34.0358.2 FREEMAN. CLAYTON & AMAMC 73.00 36.50 36.50 11/30/2004 49.24 . 6.06.1318.2 FRETWELL. ALEXANDER & JENI 92.33 35.71 26.35 10/29/2004 82.97. 17.33.4258.1 FROSTROM. STEVE & TERRI 84.11 74.10 10.01 01/21/2005 40.00. 17 .34.1088.2 FUCHS,OARRIN 85.79 40.26 45.53 11/30/2004 72.81. 16.31.0176.2 FULLER. MELISSA 164.52 10.82 60.38 11/08/2004 180.06 - 15.21.2980.2 FUNK. DEENA 91.01 42.81 48.20 12/30/2004 157.00 - 17.34.0806.1 GABRIEL. RON 64.66 36.50 28.16 12109/2004 60.24 - 15.21.2196.4 GAGNON. HEATHER 49.62 27.77 21.85 12/23/2004 41.67 - 14.20.0204.2 GALLEGOS, ANTHONY 89.02 44.02 45.00 12/29/2004 45.00. 15.22.2632.2 GALLEGOS, ERIK 77.84 40.26 37.58 01/04/2005 40.00 - 17.34.0792.3 GALLlAN, CHRISTOPHER & HAf\, 123.14 76.57 46.57 12/01/2004 108.81 - 15.22.2608.2 GALLOWAY. JERMAINE & KRISl 131.71 15.89 38.07 11102/2004 80.00 - 15.22.2496.2 GARCIA, RAUL & ANGELA 50.72 17.84 32.88 11/29/2004 31.90. 15.22.0476.1 GARONER, LAWRENCE 99.84 54.09 45.75 12/15/2004 49.67 - 10.10.2048.2 GARLAND. RUSSELL 60.74 28.98 31.76 1210712004 31.76. 17.79.0326.2 GARMAN, SHAWN 42.69 36.50 6.19 17.33.2302.1 GARRARD, DALE 72.02 36.50 35.52 01/05/2005 35.52 . 15.21.0234.3 GARRETT. DAMON 233.96 22.80 43.24 10/07/2004 100.00 . 14.20.1364.4 GARRIOTT. PAULA 45.00 32.74 12.26 01/27/2005 30.00. 17.86.0010.2 GARRO PROPERTIES, INC. 122.30 10.82 37.16 10107 J2004 29.89. 16.31.3258.1 GEORGE. ROBERT 113.02 74.02 39.00 12/02/2004 140.00 - 14.14.5033.3 GEROSIN. MATTHEW & MIRIAM 67.80 27.77 40.03 12/14/2004 45.24 - 13.13.4000.1 GERRY BURKE 72.02 32.74 39.28 12/14/2004 40.26 - 15.22.1596.4 GIAUQUE. PAUL 137.49 24.01 67.23 11102/2004 79.79. 17.33.2280.2 GIAUQUE. PAUL & CONNIE 35.52 17.70 17.82 01/27/2005 12.96. 13.13.8446.3 GIBBS. JOSEPH & GAYLENE 144.73 50.33 48.53 11/30/2004 70.00 - 14.20.1826.1 GIBBS, LORIN 50.82 46.57 4.25 02/01/2005 59.00 - 16.31.3538.2 GILES,PATRICIA 31.41 25.22 6.19 10.20.0026.2 GILL. HANSJEET & AMARJEET 76.60 36.50 40.10 01/11/2005 40.10. 16.16.3314.2 GILMAN. GLEN & JODENE 108.50 69.13 39.37 11/30/2004 43.29. 13.13.8444.2 GLASGOW. LLOYD & JUDI 118.75 40.26 38.46 11/29/2004 57.08 . 15.22.1622.4 GOHR, DOUGLAS 107.12 69.05 38.07 12/01J2004 105.15. 15.21.1022.4 GORBERT, SCOTT & WARNER. 123.76 77.78 45.98 12/02/2004 1 03.88 . 8.15.0050.1 GORMAN/SCOTT-TUTT 6.20 4.46 1.74 8.15.0024.1 GORMAN/SCOTT-TUTT 50.25 43.83 6.42 12/14/2004 .67. 18.43.0448.1 GOTRA CONSTRUCTION 28.99 28.98 .01 01/04/2005 40.25 - 15.22.1754.2 GRAPATIN. JEREMY & EMILY 47.31 46.57 .74 12/29/2004 134.00. 14.20.1726.3 GRAY, GLORIA & DAVID 107.51 20.25 39.71 47.55 11/02/2004 112.80 - 14.20.0206.2 GRAY, LYNDA 130.16 17.70 37.16 37.16 10/01/2004 40.98. 10.10.2532.2 GREDLER. CHRIS & CHRISTINA 75.70 32.74 22.62 20.34 11/30/2004 20.00. 16.32.0806.3 GREEN, JAMES & ANGELA 115.92 74.02 41.90 01/05/2005 50.00. 15.21.1556.2 GREER, RANDY 58.32 27.77 30.55 01104/2005 62.07. 16.32.1574.2 GRIFFITH, FRANK & KATHLEEN 75.16 31.53 43.63 1 2/08/2004 88.23 - 3.03.5072.2 GRIGORKIV, VASILlY & OLGA 55.86 21.18 34.68 15.15.0055.2 GRIZZLE. BILL 88.37 42.61 45.56 11/08/2004 96.60 - 15.21.1734.2 GROAT, STEPHANIE 166.89 95.37 71.52 01/04/2005 noo . 8.08.0232.2 GRONER, RANDOLPH & JUDY 46.44 35.29 11.15 01/07/2005 41.67 . 16.32.0976.2 GROUND. KEVIN 70.58 35.29 35.29 11/30/2004 51.95 . 14.14.3004.3 GRUNDY, DAVID 153.70 40.26 39.12 10/05/2004 68.48 . 15.21.2964.4 GUILES, GARY & RHONDA 40.58 40.26 .32 01/18/2005 17.60. 16.32.1168.1 GULBIS, ANTHONY 24.07 24.01 .06 01/28/2005 47.00. 15.21.0462.3 GUNNARSON, HOWARD & RUn 128.26 67.92 60.34 01105/2005 70.00. ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent AccDunt List. council Page: 6 Standard Payment Customers Feb 01,2005 04:01pm Current Period: 02/05/2005 No Oelinquent Minimum AmountDelinquent Balance Last Pmt Non.Delinq Date ------ 15.21.1018.7 GUYMON. GREG & ALISON 91.36 17.70 36.34 10/29/2004 46.14. 15.21.2696.2 HAAS. DAVID & JUDY 82.32 44.02 38.30 12/23/2004 69.28. 15.22.1042.3 HALE, RICH & JAYNE 123.14 76.57 46.57 12/02/2004 129.39. 16.31.0448.4 HALL. JANET 122.12 59.06 55.30 01/05/2005 190.00. 15.15.0029.2 HALL. JOHN & CAROLYN 90.09 50.33 39.76 01104/2005 45.00 - 17.34.2732.1 HAMILTON. LLOYD 71.34 51.54 19.80 01/07/2005 50.00 - 14.14.3520.2 HAMMON. GEORGE & SHARON 90.20 42.81 47.39 01/04/2005 95.75 - 17.33.1842.1 HAMMONS, KENNETH & MARIBI 40.58 25.22 15.36 11/30/2004 77.46 . 8.08.1442.2 HANCOCK. DENNIS & ALlSA 93.94 45.36 48.58 12/22/2004 51.62. 16.31.3394.2 HANHARDT, ANDREW & CAMILI 98.83 69.05 29.78 01/05/2005 80.00 . 14.14.3640.2 HANSEN, ROBERT & MARY 71.30 32.74 31.76 11/30/2004 80.00 - 14.14.3688.2 HANSEN, ROBERT & MARY 93.60 44.02 49.58 11/30/2004 102.10 - 14.14.3666.2 HANSEN. ROBERT & MARY SUS 51.71 40.26 11.45 12/08/2004 33.65 - 18.42.0306.1 HANSON. BRENT 91.34 46.57 44.77 11/29/2004 39.01 - 17.34.0841 .5 HARDY, MICHAEL 122.78 77.78 45.00 12/07/2004 112.54- 10.10.0104.3 HARDY, MICHAEL & FELICIA 102.62 54.09 48,53 01/13/2005 47.55 - 17.33.2368.2 HARNECK. KARl 86.50 51.54 34.96 01/07/2005 35.52 - 15.21.2090.2 HARRIS, WILLIAM 110.06 72.81 37.25 12/02/2004 161.21 - 10,10.2358.1 HART DESIGNS 21.66 17.70 3.96 15.21.1786.1 HART. DOUGLAS & OONNA 76.18 42.63 33.55 01/05/2005 105.00. 15.22.2590.2 HART, JULIE 134.48 20.25 31.37 09/07/2004 51.09 - 15.22.2288.2 HARTMAN, BRUCE 55.88 40.26 15.62 11/29/2004 . 56.12 - 14.19.1106.3 HARVEY, BARBARA & CLAIR 94.74 47.78 46.96 12/10/2004 . 45.00 - 17.34.3234.2 HATCH. GARY 60.50 28.98 31.52 01/24/2005 . 62.00 - 15.15.1076.2 HATFIELD, MARY 21.54 21 .46 .08 01/13/2005 28.41 - 14.14.3684.2 HATHORN, CHAO & LISA 37.25 35.29 1.96 01106/2005 . : 35.29 - 15.21.3262.1 HAVEY, BRIAN 62.84 42.81 20.03 01/26/2005 20.00 . 14.19.7394.1 HAWKINS. BETTY 70.61 39.05 31.56 01/06/2005 40.00. 14.20.1624.1 HEATON, JUDITH A 68.03 35.29 32.74 01104/2005 82.84 . 17.34.1702.1 HEDRICK. WENOY 49.86 21.46 28.40 12/15/2004 37.00 . 17.33.4246.1 HELFERICH, ROGER 61.26 28.98 32.28 01104/2005 63.00 . 10.20.0024.2 HELP FUND 2 LlC 77.51 24.01 40.69 17.79.0404.2 HELP FUND 2, LLC 51.43 39.05 12.38 3.03.5624.1 HENDERSON, KEN & PAMELA 38.97 32.55 6.42 12/07/2004 .67 - 17.33.2766.2 HENDERSON, KEVIN 46.60 36.50 10.10 01/07/2005 40.00 - 17.34.3244.1 HENDRICKS, CLAYTON 77.74 40.26 37.48 12/14/2004 43.36 - 15.21.0494.2 HENDRIX. JANIE 34.34 25.22 9.12 01/14/2005 99.12 - 18.42.2600.2 HERING. JASON 95.92 46.57 49.35 12/23/2004 94.77 - 14.19.6606.4 HIA IT, JULIE 70.92 36.50 34.42 01/04/2005 34.00 - 9.09.0210.3 HICE, LINDA 65.68 24.01 41.67 12/13/2004 41.67 - 17.34.1640.3 HIGHBARGER. MICHAEL & LIND 103.23 95.45 7.78 01/18/2005 50.00 - 14.19.7448.2 HilL, PAULA 46.68 21.46 25.22 12/06/2004 21 .46 - 17.34.1870.2 HilL, RONIE & CARLA 143.90 91.61 52.29 01/04/2005 53.27 . 17.34.1546.1 HINE, TODD 92.78 47.78 45.00 12/14/2004 86.04 - 8.06.5082.2 HOAND. SAMANTHA & HO. LEIW 128.07 10.82 37.16 15.21.2598.2 HOBREG. RON 91.18 46.57 44.61 12/17/2004 47.55 - 16.42.2714.4 HOLLADAY, ANTHONY & SUSAl\ 83.82 46.57 37.25 01/04/2005 37.25 - 17.34.2782.2 HOLMES. MICHELLE 69.08 28.98 40.10 01104/2005 40.10. 15.22.1196.1 HOOVER. HERBERT & BETTY 64.34 20.07 44.27 12/14/2004 45.25 - 16.31.3458.1 HOPKINS, DARRYL 70.45 35.29 35.16 01104/2005 40.00 - 6.06.1000.2 HORLACHER, DERK & JULIE 63.73 35.71 28.02 01/1012005 31.91 - 10.10.2250.2 HQSAC, JAMES & WENDY 88.40 42.81 45.59 12121/2004 44.61 - 17.34.1852.1 HOWELL. WILLIAM 97.64 69.13 28.51 01/18/2005 44.44- 8.06.5058.2 HUBBLE HOMES 129.17 12.90 37.16 17.33.7618.3 HUCKINS, DAWN 52.77 22.59 30.18 ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Feb 01, 2005 04:01pm Current Period: 02/05/2005 No Delinquent Minimum AmountDelinquent Balance Last Pml Last Pmt Non-Delinq Oate Amount ~~--~- 9.92.7062.2 HULTBERG, JEFFREY & ADRIA 66.14 28.98 37.16 01/27/2005 9.59 - 16.31.3648.2 HUMPHREY, MARIE & DAVID 91.18 46.57 44.61 01104/2005 83.43 - 15.15.0048.3 HUNTER, PAUL 86.32 55.30 31.02 12129/2004 60.00 - 13.13.8308.2 HURST. JERRY & DANETTE 112.56 55.30 57.26 11130/2004 55.30 - 16.31.3298.1 HUSON, DAVID SR 87.06 4402 43.04 12/21/2004 42.06 - 14.19.0284.1 HUTCHISON, DON 85.26 42.63 42.63 11/30/2004 130.32 - 16.31.2190.1 HVEZDA, GREGORY 56.98 28.98 28.00 12109/2004 9.80 - 18.42.1934.4 JACOBSEN, FRANK 89.96 20.25 39.71 11/18/2004 145.45 - 17.33.0358.1 JAMES COURT APTS 559.08 551.08 8.00 0210112005 551.08 - 16.32.1622.1 JENKINS, LELAND 92.78 47.78 45.00 01104/2005 44.02 - 15.22.2530.2 JENNI, TERRY & KtM 142.53 10/05/2004 52.98 - 7.40.0018.2 JENSEN, CHRISTOPHER & DON 101.48 46.57 54.91 12128/2004 84.91 - 15.21.2830.1 JESSEE, KEVIN 70.90 44.02 26.88 01118/2005 45.00 - 17.34.2106.2 JlC PROPERTIES LLC 83.46 44.02 39.44 01/03/2005 70.42 - 17.34.2806.4 JOHN, CHAD R. 100.36 45.36 55.00 12123/2004 52.06 - 13.13.8826.2 JOHNSON, BRENT & JENNIFER 41.24 40.26 .98 12129/2004 40.26 - 16.32.0616.2 JOHNSON, CONNIE JO 78.54 39.05 39.05 01/04/2005 97.00 - 9.09.0644.1 JOHNSON, JAQUELlNE 59.30 27.77 31.53 12107/2004 39.05 - 18.42.2394.3 JOHNSON, LYNN 83.46 36.50 46.96 11/29/2004 43.04 - 15.21.0080.2 JOHNSON, MARC 147.16 61.53 43.63 12101/2004 108.33 - 14.19.0098.1 JOHNSON, SAMUEL 60.12 27.77 32.35 12110/2004 33.33 - 15.21.0096.1 JOHNSON, TIMOTHY 72.47 31.53 40.94 01/04/2005 32.00- 3.90.0162.2 JOHNSTON, TRAVIS & JULIE 111 .34 70.26 41.08 01/05/2005 114.12. 14.20.1384.1 JONES, DAVID 96.25 46.57 49.68 12127/2004 50.00 - 16.31.3434.2 JONES, DAVID & CONSTANCE 77.75 28.98 48.77 15.21.2840.1 JONES, LARRY 78.10 39.05 39.05 12121/2004 75.15 - 16.32.1674.1 JONES, M JAY 36.98 36.50 .48 12/2812004 72. 26 - 17.34.2734.2 JONES, MICHAEL & GUSTAFSOI 79.15 39.05 40.10 01/31/2005 43.63 - 14.19.0074.3 JONES. MilTON 64.34 25.22 39.12 12121/2004 78.24 - 14.20.1988.1 JONES. SYLVIA 268.72 121.77 146.95 12108/2004 113.83 - 8.08.1088.2 JONES. TRAVIS & LAURA 70.79 39.05 31.74 01104/2005 100.00 . 16.31.0844.1 JORGENSEN, BRADLEY 120.58 66.58 54.00 02101/2005 50.23 - 16.32.0522.2 JUHASZ. DON C. 90.90 74.10 16.80 01110/2005 50.00 - 15.21.0530.2 JUSTIN, TRACY 70.58 35.29 35.29 12106/2004 68.61 - 14.14.3720.2 KALER. DENNIS 46.68 17.70 28.98 12107/2004 30.55 - 15.22.1066.3 KAUFUSI, FAUNITENI & KAREN 84.79 46.57 38.22 01/04/2005 40.00 - 14.20.1260.2 KAWANO, EDITH 63.06 27.77 35.29 1210212004 67.63 - 17 .34.1032.1 KA YE, DARIN 88.04 44.02 44.02 01/18/2005 45.00 - 15.21.0028.2 KEENEY, DONLAN & ELl8ABETt 57.99 39.05 18.94 01/14/2005 100.00 - 17.33.2756.1 KELLER. KEVIN 74.34 35.29 39.05 01/03/2005 38.07 - 16.31 .3488.1 KENDALL, JOYCE 32.81 25.22 7.59 12106/2004 44.02 - 1 7.33.2355.1 KENNEDY, BRIAN 113.70 66.58 47.12 12116/2004 40.26 - 15.22.2180.3 KENT, BRIAN & SHARRON 129.48 42.81 44.61 11/0212004 43.04 - 18.42.1810.2 KESTER, ROBERT 79.79 39.05 40.74 1212112004 40.00 - 14.20.1470.2 KIBBLE, HOWARD 74.54 36.50 38.04 01/3112005 43.04 - 16.31.2316.2 KILBORN, RANDlE 45.94 40.26 5.68 01114/2005 30.00 - 15.22.1338.2 KILLION, DAVID & AMY 53.06 41.60 11.46 12129/2004 65.00 - 3.03.5358.3 KIM, SOOKHI 28.35 22.16 6.19 17.33.2704.2 KINOALL. DAVID 51.32 47.78 3.54 01/26/2005 39.00 - 8.08.5032.2 KING, FREDDY & ERICKA 91.80 47.78 44.02 12114/2004 44.02 - 17.33.4348.1 KINGSTON. CHARLES 78.30 40.26 38.04 01/04/2005 50.00 - 17.34.2046.1 KINNEY, DENNIS l. 79.70 32.74 46.96 01/04/2005 47.94 - 14.20.0428.4 KIRSCHNER, JOHN & MARll Y 102.12 62.82 39.30 11/08/2004 187.86 - 16.32.1180.1 KLEIN, REINER 52.24 17.70 34.54 01/11/2005 36.50 - 17.34.2128.1 KNIGHT. JON 44.90 44.02 .88 02101/2005 68.00 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account lIst- council Page 8 Standard Payment Customers Feb01.200504.01pm Current Period: 02105/2005 No Delinquent Minimum AmountDelinquent Balance Last Pml Non-Delinq Date - ~------.._----- 3.90.0050.2 KNIGHTON, PAUL & NICOLE 82.32 40.26 42.06 01/04/2005 84.12 - 6.06.2022.2 KNOWLES, JOHN & LINDA 126.51 45.03 40.25 11/10/2004 41.23 - 18.43.0442.2 KOLSEN. B. & WILLIAMS. B 44.77 42.81 1.96 01J04/2005 45.59 - 16.32.1636.2 KONDEFF. BRIAN & TERRI 79.90 35.29 44.61 12123/2004 43.63 - 10.20.0228.2 KROMANN. DENNIS & IRMA 52.38 17.70 34.68 10.20.0194.2 KROMANN, DENNIS & IRMA 52.38 17,70 34,68 10.10.0062.3 KROMAR, BRIAN & KRISTA 63.06 31.53 31.53 12108J20o4 64.03 - 16.32.051 2.2 KRUSE, BRENDA 70.92 21.46 25.22 24.24 11/03/2004 81.34 - 15.15.3028.2 LAMKE. PATRICIA 122.55 35.29 43.63 43.63 11/29/2004 86.14 - 18.42.4056.1 LAMOREAUX. KIM 101.07 54.09 46.98 01J06/2005 70.00 - 15.21.2814.2 LANDOW, JOANN 94.55 46.57 47.98 01/03/2005 50.00 - 15.21.2920.2 LANGUIRAND, KARL 45.70 21.46 24.24 11/29/2004 66.12 - 16.32.0456.1 LARITZ. RICHARD 61.58 59.06 2.52 01/11J2oo5 50.00 - 18.42.2306.2 LARSEN. RICK & LISA 95.56 47.78 47.78 12108/2004 49.74 - 15.21.3018.1 LARSON. GORDON 96.08 50.33 45.75 12121/2004 79.81 - 15.21.0456.2 LASLEY, EGAN & ANN 78.92 35.29 43.63 01J03/2005 87.25 - 8.08.5064.2 LAWHORN. JASON & WENDY 88.40 42.81 45.59 12109/2004 114.79 - 10.10.2322.2 LAYNE, DOUGLAS 84.02 44.02 40.00 12123/2004 80.00 - 8.08.0430.2 LEDFORD. KARl 57.58 36.50 21.08 12108/2004 48.05 - 14.20.1986.3 LEDO. CHRISTOPHER & GLAYD 110.20 66.57 43.63 12116J2004 36.51 - 8.08.1534.3 LEE, MARK & KATHLEEN 42.48 26.37 16.11 14.20.0014.2 LEE, MICHELLE 124.12 80.33 43.79 12101/2004 91.81 - 18.43.0370.2 LEMAR. RICK & MELISSA :83.66 42.81 40.85 01105/2005 70.85 - 14.20.1984.2 LEMMONS, SETH & DONYA 65.68 24.01 41.67 12113/2004 40.69 - 3.03.5324.2 LENON. BROCK & BECKI 98.58 53.97 44.61 1212212004 43.63 - 14.19.1592.2 lEONARD, LESLIE 50.44 25.22 25.22 12106/2004 25.22 - 18.42.2278.1 lEQUERICA. CINDY 58.65 31.53 27.12 ' 01/04/2005 50.00 - 3.03.5356.3 LEWIS. KENNETH &. RUTHANN 87.14 42.53 44.61 01/21J2005 45.59 - 17.34.1074.1 LEWIS. LANNY 63.48 28.98 34.50 01/04/2005 75.00 - 8.08.5196.2 LIEU, TIFFANY 114.82 10.82 39.12 13.13.8984.2 LIMA, JOSIMAR & ROSANA 33.72 32.74 .98 02101/2005 32.74 - 15.22.2378.3 LINDER, MARK & CHRISTINA 104.12 17.70 42.72 11/1012004 86.32 - 16.31.1002.3 L1NDGREEN. NATHANAEL & HEi 121.18 76.57 44.61 01/04/2005 42.39 - 14.19.8008.3 LINDSAY. JIM & MARILYN 98.72 21.46 38.14 11/10/2004 40.10 - 14.20.1848.1 L1NGEL. DWAYNE 66.25 46.57 19.68 01/04/2005 100.00. 16.32.0842.1 LITTLE, JOHN 81.50 40.26 41.24 o 1104J2005 46.14. 15.21.1598.1 LITTLEFIELD, HAROLD 26.70 17.70 9.00 11/01/2004 100.00. 17.79.0330.2 LOEHR, GREG & STAFFORD, H. 61.28 36.50 24.78 15.22.1562.2 LOGAN, JENNIFER 69.08 28.98 40.10 12108/2004 45.00 - 13.13.8556.2 LOGAN, NANCY 111.14 35.29 35.29 08/17/2004 47.34. 14.19.0778.2 LOKKER. TERRY & REBECCA 39.06 39.05 .01 01/18/2005 82.99. 3.90.0066.2 LONG, LEaNNE J. 66.30 36.50 29.80 1212212004 70.00 - 16.32.0754.2 LONG. LUJEAN 143.98 84.17 59.81 12117/2004 88.83 - 17 .34.1828.1 LONGHURST, JOHN 48.11 47.78 .33 01/13/2005 40.00 - 18.42.1176.2 LOPEZ, DUSTIN 39.15 32.74 6.41 01/07/2005 32.00. 15.21.1832.2 LOVAN. WALLACE II & KAROLEE 64.04 31.53 32.51 12107/2004 35.45 - 15.21.3134.1 LOVE, JAMES & ELIZABETH 87.24 51.54 35.70 01/04/2005 100.00 - 17.33.2706.1 LOVELAND. JEREMY 86.19 28.98 28.98 28.23 11/0212004 104.00 - 16.31.0432.3 LOWDER, MARK & ANGELA 163.34 66.58 49.90 46.86 01/04/2005 50.00 - 6.06.1492.2 LOWRY. ROBERT & DEBI 134.35 47.97 44.17 42.21 11/30/2004 42.21 - 16.32.0510.2 LOYD. WOODY & JOY 77.12 39.05 38.07 01f03IZ005 76.13 - 3.03.517Z.1 LUKE, SHANNON 98.58 54.95 43.63 12123/2004 77.58 - 16.32.1320.1 LUKE, SHELLlE M. 170.13 54.09 68.53 1210212004 52.00 - 17.34.1986.3 LYNCH, JARAD & AHLERS. MAT 114.36 70.34 44.02 12107/2004 12.96 - 7.48.0082.1 M K FUTURE HOMES 43.16 17.70 21.46 10/08/2004 15.70 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List. council Page: 9 Standard Payment Customers Feb 01 ,2005 04 ;02pm Current Period; 02105/2005 No OelinQuent Minimum Amoun!DelinQuent Balance Last Pml Balance Non-DelinQ Date ----~~~- 16.32.0774.1 MACY, KEVIN 43.92 40.26 3.66 01/05/2005 35.00 - 16.31.0134.2 MADSEN, DANA 101.44 47.78 50.72 11/10/2004 103.40 - 15.22.1330.2 MAHANEY, TERRI 197.93 127.94 69.99 12108/2004 5229. 14.20.1316.2 MAHANEY, TOM & PATTI 74.34 39.05 35.29 01/04/2005 70.57 - 6.06.9858.2 MAl, CURTIS 37.54 21.49 16.05 12/23/2004 15.07 - 17.34.0436.3 MALOY, RAY 76.10 51.54 24.56 01/21/2005 25.54. 18.42.2332.1 MARIN, JOSE 127.88 80.33 47.55 12/0 2/2004 147.63 - 16.32.0526.2 MARK SMITH 93.10 44.02 49.08 01/26/2005 46.14 - 3.18.0106.2 MARKHAM, PAUL & JAMIE 84.98 43.90 41.08 12/10/2004 44.33. 17.34.1472.1 MARKHAM, RON 131.05 42.81 44.61 11/29/2004 119.08 - 14.19.1128.3 MARSH, CHARLES & PHYLLIS 64.34 25.22 39.12 12/02/2004 39.12 - 18.42.1206.1 MARTIN, LOREN 66.82 35.29 31.53 12/17/2004 63.05 - 15.21.2820.3 MARTINA, DAVID 150.97 49.65 50.17 12/01/2004 110.58 - 13.13.8930.2 MARTINEZ. RONNIE & TIFFANY 81.50 40.26 41.24 01/03/2005 79.54 - 10.10.0698.2 MASON, DOUGLAS, LESLIE 51.36 36.50 14.86 6.06.9236.1 MASSEY, WADE 30.97 29.99 .98 01/25/2005 22.59. 17.34.0684.1 MAUPIN, JOHN 51.42 25.22 26.20 11130/2004 24.24 - 15.15.0005.2 MAUZY, JEFFREY & T1FFANI 71.15 35.29 35.86 12/30/2004 70.00 - 14.20.1942.2 MAYA TT. ANNA 69.91 35.29 34.47 12/06/2004 58.00 - 17.34.2908.2 MAYER. MELINDA & MICHAEL 85.52 44.02 41.50 01/10/2005 40.00 - 8.08.1582.2 MAYFIELD, JASON & NICOLE 75.56 24.01 37.16 14.20.1948.1 MCARTHUR. MARIA 88.20 40.26 47.94 01/03/2005 45'00. 17.33.2582.3 MCCALL, M. DAVID 54.04 17.70 36.34 12/08/2004 39.28 . 7.48.0184.2 MCCORKLE, GARY 55.98 28.98 27.00 17.34.2840.3 MCDERMOTT, BARBARA 112.68 69.05 43.63 12/01/2004 221.79 - 13.13.1036.1 MCELLAN, JILL 64.50 28.98 35.52 12/07/2004 31.60 - 14.20.1326.5 MCGEE, RICHARD & SHARILEE 75.68 37.84 37.84 11/30/2004 70.57 - 16.31.0822.1 MCKAY, JOHN 77.74 40.26 37.48 01/04/2005 35.52 - 15.21.1148.3 MCKINLEY, JUNE 64.72 52.74 11.98 01/03/2005 40.10 - 9.09.9678.2 MCKINSTER. TRENT 58.92 39.05 19.87 16.32.0454.3 MCLEAN. JACK & BOB 113.38 59.06 54.32 01103/2005 70.28 - 14.20.1712.1 McLENNAN, MICHAEL 80.49 57.85 22.64 01/04/2005 45.00 - 18.43.0180.2 MCMIKLE, SCOTT & KATHRIN 138.73 46.57 47.55 11/23/2004 9.91 - 17.34.0448.1 MCMURDIE, PAUL 100.30 51.54 48.76 01/04/2005 62.48 . 14.14.3574.2 MCNERNEY, ELLEN 84.64 42.81 41.83 01/04/2005 87.57. 15.15.0768.1 MCQUILKIN, CURTIS & TONYA 95.10 50.33 44.77 01/04/2005 44.77 - 17 .33.0241.1 MDC LLC 51.42 25.22 26.20 11/30/2004 26.20 - 3.03.5516.1 MEGLEN, JOHN & MELINDA 130.07 52.40 40.26 17.34.0968.2 MEHOLCHICK, VICKY 141.62 76.57 65.05 12/01/2004 180.87 - 14.19.8014.2 MEIER, JOHN 20.64 10/27/2004 21.62 - 15.21.1132.1 MELTON, GARY 82.84 39.05 43.79 01/04/2005 50.65 - 10.10.1092.3 MENDEL, TODD 66.01 50.33 15.68 12/13/2004 25.00 - 3.03.5388.2 MERRILL, RICHARD W. 95.50 21.18 37.16 37.16 10/28/2004 37.16 - 16.31.0494.2 MESZAROS, LILLI 101.64 54.09 47.55 01/13/2005 80.23 - 14.19.7124.1 MEYERS, TROY & JIMI 101.03 54.09 46.94 01/04/2005 50.00 - 16.31.3032.3 MILLER, CHARLIE & SHELLY 116.96 62.82 54.14 01/04/2005 55.00 - 15.21.2970.2 MILLER, GREG & JANET 79.08 39.05 40.03 12/28/2004 42.97 - 16.31.2984.2 MILLER, JENNIFER 135.00 37.16 41.08 10/05/2004 62.54 - 16.31 .0568.2 MILLER, NEIL 81.80 28.98 31.76 21.06 12/15/2004 40.00 - 17.34.1964.2 MILLER, RICKEY 73.82 36.50 37.32 01/04/2005 78.56 - 13.13.8110.3 MILLER, ROBERTA 86.60 42.81 43.79 12/06/2004 85.61 - 16.31.0860.2 MILLS, DONOVAN 87.37 50.33 37.04 01/04/2005 60.00 - 15.21.1034.2 MITCHELL, STACY & DIANA 88.56 42.81 45.75 12/13/2004 41.83 - 16.31.3074.3 MOCA8Y, RYAN 84.44 47.78 36.66 11/2912004 69.30 . 15.22.2434.2 MOELLIS, KOREY 44.63 28.98 15.65 01111/2005 35.00 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 10 Standard Payment Customers Feb 01, 2005 04:02pm Current Period: 02/05/2005 No Delinquent Minimum AmounlDelinquent Balance Last Pml Non-Delinq Date -------- 17.33.2744.1 MOFFIT, JENNIFER 49.46 21.46 28.00 12/1612004 28.98 - 14.20.1652.2 MOLEBASH. JOHN & MONICA 76.99 47.78 31.21 01/31/2005 31.20 - 15.15.0526.2 MOLINA. RONALD 6R24 32.74 36.50 01104/2005 70.06 - 17.33.0302.2 MOMB. PEGGY 57.80 17.70 40.10 11/30/2004 38.14. 15.22.0210.1 MONAHAN. MICHAEL 99.70 21.46 39.12 11/1012004 84.19 - 7.40.0382.3 MONTAGUE. TERRY & CAROL YI 84.12 44.02 40.10 12/16/2004 75.30 - 17.34.1540.1 MONTEFERAANTE, MICHELLE 58.22 32.74 25.48 01/04/2005 40.00 - 8.06.1504.2 MOORE. GREGG & LORECE 151.60 51.46 37.16 6.06.9590.2 MORGAN LAUREL 53.56 29.99 23.57 01/04/2005 21.61 - 10.10.2162.2 MORGAN, FAANK 114.90 32.74 42.06 40.10 11116/2004 42.06 - 17.33.2700.2 MORGAN, HEATHER 152.68 81.54 36.50 34.64 12/01/2004 72.80 - 14.19.0102.1 MORGAN, LONNIE 31.57 24.01 7.56 01/11/2005 23.66 - 14.19.1300.2 MORRIS, LAUAA 29.97 OS/28/2004 26.10 - 16.42.2368.2 MORRIS, PAUL 92.16 46.57 45.59 01/03/2005 44.61 - 15.21.2222.1 MORRISON. ROBERT & CORINI\ 66.71 31.53 35.18 11/02/2004 150.00 - 18.42.1978.1 MORSE, OAVID & SHELLEY 60.64 28.98 31.66 12/23/2004 70.00 - 15.22.2550.2 MOSGROVE, RONNA & TOM 56.05 54.09 1.96 01/24/2005 49.35 - 18.42.2378.2 MOSS, STEVEN 202.82 100.42 54.14 11/04/2004 116.02 - 17.34.0500.1 MOURITSEN, LAYNE 85.26 44.02 41.24 01104/2005 76.14 - 14.19.7990.2 MUNKRES. MIKE 65.48 32.74 32.74 01/10/2005 31.76 - 8.08.1112.3 MURAAY. JASON & SAAAH 94.12 46.57 46.57 01/18/2005 46.57 - 18.42.1982.2 MURAAY. JAY & MELISSA 85.26 40.26 45.00 12/15/2004 46.96 - 17.33.0264.2 MUSGAAVE, JOHN & LOUISE 27.35 9.92.70222 NARDI, ANGELA 118.40 72.81 45.59 01/07/2005 61.19 - 16.32.0630.3 NASKASHIMA. NAHO & KLOPFE 73.82 32.74 41.08 . 01/05/2005 110.00 - 15.21.2904.2 NAULT. TIM & MICHELLE 69.60 35.29 34.31 12/29/2004 34.31 - 15.15.0065.3 NELSON, GENESIS 90.00 50.33 39.67 9.09.9332.2 NELSON. MARTIN & JOANNA 95.92 50.33 45.59 12/15/2004 45.59 - 15.21.0170.1 NIELSEN, BRIAN 94.78 27.77 67.01 12107/2004 67.01 - 10.10.2030.2 NIELSEN, BRIAN & STACIE 61.43 46.57 14.86 15.21.0498.1 NOLAND. SHAWN 84.64 42.81 41.83 01104/2005 40.85 - 6.06.9992.2 NORD, STEVE & LINDA 87.56 48.95 38.61 01/10/2005 38.61 - 16.31.2198.2 NORRIS. JOSHUA & COREY 71.56 39.05 32.51 12/08/2004 67.95. 8.08.1576.2 NOVAK, KAAIG 153.80 82.74 40.10 01105/2005 69.45 . 16.32.1002.1 NUTTALL. JODI 91.38 47.78 43.60 12/28/2004 50.00 . 17.33.4262.4 NYE, SHANE & JENNIFER 87.22 44.02 43.20 12/13/2004 79.54 . 9.09.0156.1 O.P.M. ENTERPRISES 76.95 42.81 34.14 01/04/2005 76.00 - 14.20.0126.2 O'BANION, BRIAN & TIFFANY 91.96 44.02 47.94 11/29/2004 183.70 - 13.13.8816.2 OLIVER, SHELlI 42.59 39.05 3.54 01/31/2005 39.00 - 10.20.0240.1 ONSITE LLC 35.40 17.70 17.70 12/08/2004 17.70 - 15.15.0674.1 OROZCO, RYDER 78.78 40.26 38.52 12/27/2004 40.00 - 13.13.2080.3 OSBORN, CHRISTOPHER 84.64 39.05 45.59 11/30/2004 90.19- 16.32.1460.1 OSBURN, JODY 67.18 36.50 30.68 02/01/2005 50.00 - 13.13.9076.2 OTTER. CAROLYN 75.32 35.29 38.07 01/07/2005 38.07 - 18.42.2258.2 OVERDEVEST, ROBERT 323.66 239.46 84.20 01/03/2005 76.36 - 7.40.0274.1 OVERGAARD, MARK 92.78 47.78 45.00 12/14/2004 44.02 - 15.22.1156.5 OVERTON, DAVID & KRISTINA 121.18 72.81 48.37 01104/2005 44.57 - 16.31.3504.1 PADDOCK, LINDA 76.76 40.26 36.50 01/05/2005 63.92 - 16.31.1682.2 PADilLA. LEAH 55.54 27.77 27.77 12/23/2004 29.73 - 15.21.2230.1 PAGE. LINDA 70.45 35.29 35.16 01/04/2005 35.00. 9.09.0060.2 PAGE. RENEE JEAN 71.04 32.74 38.30 12/10/2004 38.30 - 16.15.0001.1 PARKWAY SUB 89.82 16.32.1392.1 PATTEN. JASON 73.70 55.30 18.40 01/18/2005 32.65 - 8,08.1374.2 PATTEN. MILA 45.36 42.81 2.55 01/25/2005 45.00 - 13.13.8986.2 PEARCE. JOHN & CINDY 47.55 46.57 .98 01/25/2005 43.79 - ... in Msg COlumn indicates no Notice is to be sent CITY OF MERIOIAN Delinquent Account Ust. council Page: 11 Standard Payment Customers Feb 01,2005 0402pm Current period: 02/05/2005 No Oelinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Non.Delinq Oate Amount - - - - ---- ~--........- 10.10.1054.2 PENA, MIKE & CINDA 93.14 50.33 42.81 12/06/2004 42.61. 14.14.3560.2 PENDLETON, WES & PAULA 127.67 80.33 47.34 12/2212004 60.00 . 13.13.8802.3 PERA. DAVID & MARY 73.16 32.74 40.42 12129/2004 42.38 . 15.21.1560.2 PERSINGER. RANDY & PAULINE 64.89 46.57 16.32 15.22.1430.2 PETERSON. ERIC 130.72 65.37 65.35 01104/2005 63.43 - 7.40.0236.3 PETERSON. JEAN & VAN 382.12 59.06 42.06 10/29/2004 47.94 - 17.33.2570.3 PETERSON, MATTHEW JR 99.64 47.78 51.86 01126/2005 47.94. 16.32.0490.4 PFAFF, CHRISTOPHER & KRIST 85.17 64.02 21.15 12/23/2004 74.33 - 3.03.5234.1 PHIL HORTON 69.12 40.14 28.98 12115f2004 65.48 - 16.31.0188.2 PHILLIP, MICHAEL & SHANNON 75.78 40.26 35.52 01 f03/2005 74.96 - 15.21.3022.3 PHILLIPS. SCOTT & MELANIE 120.86 61.53 59.33 12101/2004 191.77. 15.15.0036.2 PIERCE, CHUCK SR. & MARY 134.86 71.66 63.18 12116/2004 63.16. 3.03.5276.2 PIERCE, RUSSEL & MARY 105.78 47.66 41.08 01103/2005 70.00 . 15.22.1526.1 PIERCE, TANYA 75.32 39.05 36.27 01/04/2005 37.25. 18.42.1160.1 PIETRZAK, JOHN 127.86 72.81 55.07 01/04/2005 53.11. 9.09.9776.1 PINNACLE HOMES 25.42 21.46 3.96 16.32.1590.1 PISCHEL, DEBOAAH 90.82 44.02 46.80 11/30/2004 92.62 - 17.33.2574.2 PORTER, SIDNEY 41.50 40.26 1.24 01f07f2005 40.00 - 15.15.0043.4 PORTER. TAD & MICHELLE 104.59 46.57 43.63 16.15.0203.2 PREMIER HOMES 39.53 21 .46 18.07 17.34.1940.2 PRESLEY, ALliSON 113.74 40.26 35.52 11 f29/2004 40.00 - 10.10.0066.2 . PRIESS. JENNIFER 109.52 56.64 52.88 01/10/2005 55.82 . 18.48.4101.1 PROPERTIES WEST 149.50 01/15/2003 3.48 . 1 7.33.2732.2 PRYOR, KELSEY 57.52 32.74 24.78 . 01105/2005 60.00 - 15.22.0844.1 PRYOR. LOIS JUNE 97.36 47.78 49.58 11J30/2004 49.58 - 17.34.1172.1 QUARNBERG. CARL & DOROTH 120.90 59.06 61.84 01/05/2005 61.84 . 8.08.1322.3 QUILANTAN. ALEX & MARTHA 93.'14 46.57 46.57 01/05/2005 91:17 . 15.21.0012.2 RAINFORD, ROBERT & ALlNDA 69.24 32.74 36.50 01/04/2005 106.92 - 14.19.0570.1 AALPHS. ROD 76.76 36.50 40.26 11/23/2004 122.64 - 7.40.0100.1 AAMBO, DEBORA 63.06 35.29 27.77 12123/2004 29.73 - 16.31.3462.3 RAMOS, MIGUES 67.56 51.54 16.04 12/21/2004 63.18 - 14.20.3050.2 RAPP, ROBERT 43.53 41.60 1.93 12117/2004 89.00 - 16.16.3001.1 RATCliFFE INVESTMENTS 20.88 15.22.2260.2 REAVIS, JEFFREY 65.26 20.07 65.19 3.03.5176.1 REO STAR CONSTRUCTION 106.48 42.92 28.98 16.32.1362.2 REES, FORREST 59.60 17.70 41.90 12/14/2004 41.90 - 15.21.0116.2 REIS. DAVID 58.32 27.77 30.55 12/17J2004 61.09 - 15.21.2918.1 REYES. DAVID 108.10 65.29 42.81 01/1 3/2005 75.75 - 18.42.2620.1 REYNOLDS. PATRICK T 95.84 61.53 34.31 01106/2005 75.4 7 - 17.33.4578.1 RHINEHART. DOUG & MARY 47.47 39.05 6.42 01l04J2005 70.00 - 16.31.0826.1 RHINEHART. KEVIN 77.74 36.50 41.24 12/06/2004 40.26 - 10.10.0116.2 RICE. DONALD & JUliE 78.36 40.26 36.10 01/04/2005 40.00 - 14.20.1786.1 RICE. JOSEPH 76.60 40.26 36.34 12/23/2004 48.10 - 3.03.5850.1 RICH SEEWALD 71.24 22.16 49.08 11130/2004 19.16 - 15.21.2880.2 RICHARDSON. STEVEN & VANE 62.54 21.46 41.08 12114/2004 45.98 - 18.43.2452.2 RILEY. RYAN & CHRISTINA 148.49 72.81 75.68 12108/2004 76.00 - 15.21.0226.2 ROAM. JENNIFER 42.58 25.22 17.36 10f1212004 179.02 - 9.09.9148.2 ROBINSON, COLLEEN 54.74 54.09 .65 02101/2005 42.00 . 15.15.0636.4 ROBINSON. RICH 146.66 66.58 80.28 l1J30/2004 100.78. 17.33.2580.2 ROBLES, IGNACIO 356.68 25.22 28.98 02/01/2005 25.22 - 13.13.8446.2 RODMAN, RON 41.04 40.26 .76 01/1112005 42.00 - 16.42.2052.3 RODRIGUEZ, JOSE & BLANCA 42.68 17.70 25.16 01/03/2005 38.14 " 17.34.1982.1 RODRIGUEZ. RODGER 97.30 92.90 4.40 01/05/2005 80.00 " 14.14.4450.2 ROGERS, JACK & DENISE 44.91 39.05 5.66 01/04/2005 130.00 - 8.06.0226.1 ROTH HOMES 46.68 28.98 17.70 12130/2004 17.70. ... in Msg column indicates no Notice is to be senl CITY OF MERIDIAN Delinquenl Accounl Lisl- council Page: 12 Standard Paymenl Customers Feb 01, 2005 04:02pm Current Period: 0210512005 No Delinquent Minimum AmountDelinquenl Balance Last Pmt Last Pml Balance Non-Delinq Dale Amount -----------~- 17.33.0128.1 ROYAL DYNASTY 563.35 7.55 7.55 0610812004 447.50 . 14.19.7374.1 RUBALCAVA, ROLANDO 35.30 35.29 .01 11130/2004 68.61 - 15.22.0914.1 RUCKER. JEAN 48.85 42.81 6.04 01105/2005 75.00 - 15.21.0112.2 RUMMLER, MATHEW 75.32 31.53 43.79 1210712004 85.09 - 9.09.0554.1 RUSSELL DUNSTAN 4.99 3.48 1.51 16.31.2222.2 RUSSELL,B RIAN 71.04 28.98 42.06 12/14/2004 41.08 - 8.15.0036.2 SALTER, JAMES & KIMBERLY 141.19 57.85 43.63 1110912004 33.45 - 17.33.2634.1 SANABRIA. CYNTHIA 84.28 44,02 40,26 0110412005 41.24 - 15.15.0064.2 SANTENS, TONYA 83.30 40,26 43.04 01/04/2005 90.10 - 14.14.5043.3 SARCO. BETTY 63.15 44.02 19.13 01/1212005 42.06 - 17.34.1078.2 SAVELBERG, DOYLE 80.76 36.50 44.26 01/2112005 50.00 - 18.42.2066.1 SAWAS. NAJI 82.84 39.05 43.79 1212312004 43.79 - 18.42.2046.2 SAYLES, BRETT & JENNIFER 84.00 41.60 42.40 01105/2005 90.00 - 14.19.0330,2 SCHAEFFER. RITA & CHARLES 89.22 42.81 46.41 12108/2004 47.39 - 15.21.1114.1 SCHOOLCRAFT. OANNY 117.15 39.05 40.03 1210212004 46.22 - 8.08.0514.1 SCHRODER. DANIEL & HOLLY 82.09 39.05 43.04 01/13/2005 44.02 - 17.33.2584.2 SCHULER. ROBERT & JAMIE 78.36 40.26 38.10 01/07/2005 45.00 - 16.32.0622.4 SCHUSTER. BILL & LESLI E 95.87 46.57 49.30 01119/2005 46.00 - 16.31.3334.1 SCHUSTER. DORTHY 90.20 28.59 11/29/2004 25.00. 14,20.1350.2 SCRIBNER, WENDY KAY 73.00 36.50 36.50 01/11/2005 35.52. 17.33.2406.1 SEEBERGER. GREG 106.84 55.30 51.54 12/0612004 52.52 - 14.20.3054,2 SHARP, LIZABETH 94.34 55.22 39.12 0110512005 '.79:62 . 6.06.5042.2 SHARP. NOLAN & MARIAN 93,00 17.70 38.14 15.21.0230.2 SHEEDER, JAMIE & CHRIS 87.42 42.61 44.61 12109/2004 43.63- 18.42.2526.1 SHEL TRON, ROGER 105.40 61.61 43.79 01/14/2005 44.77- 17.34.2048.1 SHEPERD. CRAIG 91.80 51.54 40.26 12107/2004 87.36. 17.34.1178.2 SHERBURNE. BROOKE 73.98 40.26 33.72 1213012004 78:22 - 15.22.0790,1 SHIELD TRUSTEE SERVICES. LI < 66.74 62.82 3.92 02101/2005 54:32 - ; 6.06.1916.1 SHIELDS, VAL 44.24 44.21 .03 01/13/2005 31.06 - 14,14.5026.4 SHOREY. TODD 124.60 41.60 41.60 1110212004 89.90 - 10,10.0066.2 SIEGEL, JON & SHANNON 73.00 36.50 36.50 01110/2005 36.50 - 18.42.2496.1 SIEMON, LESLIE 78.10 39,05 39.05 01/04/2005 80.05 - 15.21.0206.1 SILSBY. TERRY 135.51 65,29 31.53 38.69 12101/2004 140.00 - 15.21.2730.1 SILVESTRI, PAUL & SHANA 136.39 39.05 31.92 35.84 11/29/2004 100.00 - 3.03.5898.2 SIMMONS. DAWN & ALTENBAC 89.30 22.16 37.16 29.98 13.13.2036.2 SIMON, DARCI 112.68 65.29 47.39 01/0512005 90.85 - 15.22.1504.1 SIMPSON. RANDY 81.86 42.81 39.05 11/3012004 89.85 - 15.21.2878.2 SINCLAIR, SCOTT & MICHELLE 175.18 163.1 3 12.05 01/1812005 60.00 - 15.21.2836.2 SINGLETON, RODNEY 163.72 86.64 77.08 01105/2005 76.10 - 16.31.0778.1 SIRANI, JOSEPH A 146.24 85.38 60.86 0110312005 60.86 - 17.34.0820.2 SITZLAR. RON 60.74 28.98 31.76 12101f2004 58.68 - 17.34.0822.1 SITZLAR. RON & GAY 105.84 71.46 34.38 12101f2004 107.58 - 14.14.5042,1 SMART, RICHARD 156.20 91.69 64.51 12108/2004 59.81 - 15.21.2168,2 SMITH, CONNIE 137.04 76.57 60.47 12101/2004 118.97 - 16.31.3562.3 SMITH. JUSTIN & TAMMY 74.61 46.57 26.24 11/30/2004 139.00 - 6.08. 0410.1 SMITH. MIKE 70.56 35.29 35.29 12114/2004 70.06 . 14.19.4426.3 SMITH. ROGER 93.14 50.33 42.81 01 f18f2005 43.79 - 10.10.0072.2 SNELL, BLAIR & ISABEL 78.72 40.26 38.46 01 f04f2005 37.48 - 6.06.1334.2 SONNEMAN. DAVID 76.12 39.47 36.65 11129f2004 119.91 - 13.13.8550.2 SPARKS, JUSTIN & JENNIFER 46.58 46.57 .01 12127/2004 87.57 - 16.31.0548.1 SPARKS. KAREN 70.58 35.29 35.29 01/04/2005 33.33 - 3.90.0138.1 SPIWAK, LARRY 69.74 66.57 3.17 0110412005 40.46 - 8.08.1072.3 SPIWAK, LARRY 77.55 51.53 26.02 01/3112005 79.81 - 8.08.0170.2 SPIWAK. RANDY & SALLY 74.18 31.53 42.65 1211512004 43.63 - 16.15.0106.1 SPYGLASS HOMES 5.92 3.48 2.44 ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 13 Standard Payment Customers Feb 01 . 2005 04 :03pm Current period: 02/05/2005 No Delinquent Minimum AmounlDelinquent Balance Last Pm! Non-Delinq Date ---~-- 14.20.1228.1 ST. ALPHONSUS MEDICAL CEN 143.79 76.18 67.61 01/21/2005 83.70 - 17.34.3316.1 STADLER, STEPHEN & HEATHE 100.22 62.74 37.48 01/03/2005 38.46 - 16.32.1598.2 STAGGS. DUKE 84.28 44.02 40.26 01104/2005 39.28 - 16.32.0718.2 STATES. FLOYO & CONNIE 187.33 40.26 42.06 17.34.3194.2 STATES. VAN 57.52 32.74 24.78 3.90.0096.2 STEARNS. MARADEE 100.66 54.09 46.57 12110/2004 129.18 - 14.19.0340.2 STEENBAKKERS, JOHN 56.52 27.77 28.75 12128/2004 27.77 - 16.32.0792.2 STEPHANS. LEANN 127.33 46.57 37.09 11/2212004 60.00 - 3.03.5286.2 STEPHENSON, BRANDON & MA 86.16 43.51 42.65 01/04/2005 43.63 - 3.18.0415.1 STETSON HOMES 14.67 13.21 1.46 01/14/2005 3.48 - 15.21.1822.2 STEWART, JAMIE& MATTIE 76.24 40.26 35.98 11/30/2004 38.00 - 15.21.0152.2 STODDARD. NORMAN 110.14 57.85 52.29 12106/2004 77.31 - 14.20.1688.3 STOLZ, DONALD 91.34 46.57 44.77 01/03/2005 56.53 - 13.13.2090.2 STONE, JOSE & MARCIE 49.74 47.78 1.96 12/07/2004 77.58 - 15.22.1406.2 STRAIGHT, PHILLIP 57.31 39.05 18.26 12/21/2004 50.00 - 10.20.0130.2 STRUCK, JERYL & DEOREA 80.26 40.26 40.00 01/03/2005 50.00 - 8.08.0218.3 STURTEVANT. DARLA 81.34 40.26 41.08 12/14/2004 41.60 - 18.42.1972.2 SWANSON. CORY & CASSANDF 68.26 32.74 35.52 11/29/2004 64.54 - 14.19.6556.2 SZURGOT, TINA 33.99 31.53 2.46 11/09/2004 142.82 - 18.42.2350.2 TADEVIC, GEORGE ' 94.12 46.57 47.55 01/18/2005 43.13 - 8.15.0222.1 TAHOE HOMES 18.15 13.21 3.48 8.15.1518.1 TAHOE HOMES 5.57 3.48 2.09 8.15.1601.1 TAHOE HOMES 6.66 4.46 2.20 8.15.1314.1 TAHOE HOMES , 21.56 15.95 3.48 4.70.0064.1 TAHOE HOMES 5.10 3.48 1.62 13.13.8312.2 TANK, FREDERICK & TERESA . .52.10 51.54 .56 01/1 2/2005 15.22.0946.2 T ARZON, JOHN . 61.84 17.70 38.14 17.34.0432.1 TERRIQUEZ. FRANCISCO MAGt 84.28 44.02 40.26 12108/2004 39.28 - 16.32.1092.5 THE CHRNG TRUST 105.37 61.61 43.76 01104/2005 50.00 - 15.21.2082.1 THIBADEAU. DANIEL & SANDI 75.32 39.05 36.27 01/18/2005 36.27 - 17.33.2560.2 THIELMAN, RISSELL 90.98 51.54 39.44 1 2/23/2004 33.56 - 16.31.0798.3 THIEMANN, CHRIS 170.50 70.34 50.72 49.44 12/01/2004 52.00 - 8.85.0018.1 THOMAS & DUNN 154.54 26.69 16.32.1558.4 THOMPSON, GARY 94.58 47.78 46.80 01105/2005 61.08 - 16.31.3514.3 THOMPSON, SCOTTIE & REBEK 99.22 55.30 43.92 02/01/2005 50.00 - 9.09.0338.2 THOMSEN. DAVY 52.42 50.33 2.09 01/04/2005 141.53. 14.19.1364.2 THOMSEN. LORIE 81.86 39.05 42.81 01/10/2005 41.83. 16.32.0640.1 THORNGREN. CURTIS D. 97.36 44.02 53.34 01/06/2005 48.44 . 14.20.0140.2 TIDWELL. KORY 88.88 42.81 46.07 12/07/2004 57.00 . 17.33.3634.1 TOM & DONNA LEDBETTER 82.32 40.26 42.06 12/02/2004 84.12 - 16.31.3300.2 TONEY, TAMMY 83.30 44.02 39.28 12/23/2004 42.22 - 15.22.0990.3 TOWNSEND. BRYANT & TANISf- 112.19 80.33 31.86 12/01/2004 128.00 - 16.31.0454.2 TRACY. JOLYNN 64.04 31.53 32.51 12/30/2004 30.55 - 16.32.1660.1 TRAIL. KARl 69.24 32.74 36.50 12/14/2004 70.51 - 15.22.0794.2 TREMMEL. LARRY & DUGGER. . 79.54 36.50 43.04 12/06/2004 111 .56 - 15.15.1000.1 TULLY COVE 56.86 17.70 21.46 11/16/2004 17.70 - 17.79.0207.2 TURCOTTE. T1NAE 71.26 39.05 32.21 13.13.2072.1 TUTTLE, TAMI 121.34 72.81 48.53 01105/2005 95.09 " 15.21.1174.1 TWADDLE. DAVIa 98.86 46.57 52.29 01104/2005 49.35. 6.06.1932.3 TWEDE, ROGER & JENNIFER 55.36 29.99 25.37 12/14/2004 25.37 - 17.33.1422.1 TYLER TORKELSON 69.24 40.26 28.98 12/13/2004 28.98 - 15.22.0918.2 ULLRICH. JENNIFER 66.88 47.78 19.10 01/03/2005 45.00 - 8.08.0550.2 ULRICH. BRENT & ERICA 87.06 44.02 43.04 01/06/2005 85.10 - 3.03.5174.2 UNITED VENTURES GROUP LL( 118.59 10.82 37.16 3.03.5154.1 UPLAND HOMES 32.56 21.18 11.38 ... in Msg column indicates no Notice is to be sen I CITY OF MERIDIAN Delinquent Accountlisl- cou ncil Page: 14 Standard Payment Customers Feb 01, 2005 04:03pm Current Period; 02105/2005 No Delinquent Minimum AmountDelinquent Balance Last Pml Lasl Pmt Non-Delinq Dale Amount ----- 14.14.3018.1 VAIL. RANDY & VICTORIA 122.78 77.78 45.00 01104/2005 45.98. 17.34.1946.4 VANCE. CHRISTY 120.50 66.50 54.00 01/04/2005 84.00 - 9.09.9382.2 VANOERBEEK, ANDREW & JENI 42.70 30.32 12.38 1 8.42.3968.1 VANHOUTEN. MIKE 58.32 27.77 30.55 12/23/2004 69.91. 16.31.3388.3 VASQUEZ. COREY 86.65 51.54 35.11 12/0712004 43.04 - 8.08.04202 VAUGHAN. WILLIAM & LORI 88.24 46.57 41.67 12129/2004 11.98 - 15.21. 1032. 1 VELADA, FEDERICO 73.36 35.29 38.07 01107/2005 37.85 - 17.33.2578.1 VERKUYLEN, AD 83.46 74.02 9.44 01/05/2005 107.90 - 16.32.1406.2 VICKERS, BETTY 128.32 77.78 50.54 01106/2005 76.00 - 15.21.2754.3 VICNG 43.99 42.81 1.18 01/21/2005 50.00 - 17.34.1658.2 VIOEEN. STEVEN & ELIZABETH 93.68 28.98 36.34 01/27/2005 60.00 - 16.32.0974.1 VOSS, KURT 56.00 25.22 30.78 12/08/2004 29.80 - 8.08.1400.3 WALBRIDGE. RAYMOND 74.80 32.74 42.06 01104/2005 43.04 - 5.08.0094.1 WALOORF & SONS 78.60 23.14 17.70 16.31.0862.2 WALKER. BRYCE 146.68 99.13 47.55 01/05/2005 96.07 - 8.08.1318.3 WALKER, JAMIE 54.86 17.70 37.16 12/09/2004 76.28 - 17.33.3682.1 WALLACE, CRYSTAL 89.84 40.26 49.58 01106/2005 47.62 - 17.34.3328.1 WALLIS, EVELYN 79.97 11/08/2004 70.84. 16.31.0228.3 WALLMAN. JASON 108.56 66.50 42.06 01105/2005 82.88 - 16.32.1306.2 WALSH, DAVID & CARA 133.86 42.81 45.59 01104/2005 45.59 - 15.22.1734.1 WALTERS, J. SCOTT 102.10 55.30 46.80 01118/2005 94.58 - 14.20.0190.1 WARD, LINDA K 74.50 55:30 19.20 01/21/2005 60.00 - 15.21.2240.1 WARD, MIKE 145.73 102.89 42.84 01/07/2005 100.00 - 8.08.1248.2 WARO, ROBERT & TABBATHA 24.66 17.70 6.96 01110/2005 55.00 - 10.20.0310.1 WARMS SPRINGS CONSTRUCT 75.75 17.70 17.70 16.32.0444.1 WARNER, MICHAEL & CYNTHIA 69.36 62.82 6.54 01/1312005 45.00 - 14.14.3582.4 WARNER. WADE & DENISE 99.03 50.33 48.37 12/21/2004 50.00 - 18.42.4238.2 WARWICK, RYAN & SHANNON 74.80 32.74 42.06 12/22/2004 40.10 - 14.20.1894.6 WATERS, JENNIFER 70.64 40.26 30.38 01121/2005 20.00 - 16.32.0624.2 WATSON, DAVID 75.78 36.50 39.28 12/10/2004 38.30 - 15.21.0070.1 WAY, KELLY 129.26 39.05 62.81 11/08/2004 130.21 - 15.21.2712.5 WEBBENHORST, JED 76.30 39.05 37.25 12/27/2004 69.21 - 15.21.2192.3 WEBER. THOMAS 99.52 42.81 56.71 01/07/2005 57.69 - 18.42.2534.1 WEIRUM, KENNETH 90.36 46.57 43.79 12/1712004 43.79 - 15.22.1238.1 WEISS. DAVID M. 71.66 50.33 21.33 01/1112005 60.00 - 15.21.1968.6 WELDIN. TAMMY 85.62 42.81 42.81 01/04/2005 30.00 - 15.22.0322.1 WELLS, CLIFFORD 40.03 39.05 .98 01104/2005 40.85 - 16.31.3322.1 WESTON. DECKER 45.34 44.02 1.32 1010512004 100.00 - 15.21.0534.3 WHALEN, JOHN 129.98 85.37 44.61 12/21/2004 41.08 - 14.20.1724.2 WHALEN, JOHN JR 53.78 24.01 29.77 01/0512005 92.51 - 16.32.0846.1 WHITE, LUCILLE 73.98 36.50 37.48 01/04/2005 46.30 - 18.42.2492.1 WHITE, TAMELA 114.88 57.85 57.03 12/15/2004 54.09 - 14.20.1888.1 WHITEMAN, ILENE 57.60 28.80 28.80 12/07/2004 54.66 - 15.21.2132.2 WHITLEY, JENNIFER 125.11 54.09 51.54 10/2712004 138.96 - 15.21.1590.1 WHITTEN, DAVID 68.85 35.29 33.56 01/1812005 50.00 - 16.31.3266.4 WIEDMEIER, GLENN & LISA 83.46 47.78 35.68 01/18/2005 35.68 - 18.43.0330.2 WILKEY. THAD & LORI 92.92 49.12 43.80 01104/2005 60.00 - 17.33.2346.2 WILLIAMS. DARREL 102.96 36.50 33.72 11/30/2004 31.76 - 17.33.3578.2 WILLIAMS. RONALD 81.86 42.81 39.05 01/14/2005 39.05 - 16.32.1252.2 WILLIAMSON. DALE 66.84 25.22 21.62 01103/2005 17.45 - 15.21.2184.2 WILSON, BRADL Y 83.29 35.29 48.00 12129/2004 65.10 - 14.20.3214.3 WILSON, BRETT & KELLlE 65.48 44.02 21.46 01/04/2005 100.00 - 17.33.3632.1 WILSON. DENNIS 79.08 46.57 32.51 01/04/2005 32.51 - 3.90.0064.2 WILSON, LINDA & NATHAN 168.58 168.02 .56 02/01/2005 54.00 - 17.34.1954.1 WINGATE, DIANE 104.30 67.84 36.46 01/2112005 50.00 - ... in Msg column indicates no Notice is to be sent CITY elF MERIDIAN Oelinquent Account List. council Standard Payment Customers Current Period: 02/05/2005 No Delinquent Minimum AmountOelinquenl Balance Page: 15 Feb 01,2005 04:03pm Non-Delinq Last Pml Date 14.20.1910.2 WINN, MICHELLE 71.86 32.74 39.12 8.08.1218.3 WITZKE, TOM 169.16 65.29 40.69 17.33.2358.3 WOLIN, DALE & LOIS 41.46 40,26 1.20 01/10/2005 42.00 - 15.21.2644.2 WOLLEN. NICHOLAS 56.52 27.77 28.75 12/06/2004 31.69 - 10.10.0502.1 WRIGHT BROTHERS 72.92 32.70 40.22 12/14/2004 121.80 - 14,14,3610.2 WRIGHT. BRANDON 93.76 47.78 45.98 11/30/2004 44.02 - 8,08,1366,1 YANCEY, RACHELLE 134.42 87.85 46.57 12/0112004 108.17 - 15.21.1130.5 YASUDA, GARY & SHAWNA 115.84 28.98 41.06 .76 11/30/2004 55.00 - 17 .33.4250.1 YEAGER. ERIK 64.06 44.02 40,06 12/28/2004 45.82 - 15.22.0350.1 YOUNG. BRADLEY 122.04 70.34 51.70 12/13/2004 49.74 - 9.09.0660.1 YOUNG, OARON 76.52 36.50 40.02 01104/2005 60.00 - 14.20.1370.1 YOUNG, JENNY 34.86 32.66 2.20 17.34.0756.1 YPON, GIN 79.60 44.02 35.58 3.03.5750.1 ZAMBEZI GROUP 158.24 90.98 28.98 10.20.0230.2 ZANDSTRA, GARY 100.06 58.98 41.08 01/05/2005 135.10 - 17.34.0800.1 ZEAR, KENNETH 194.48 55.30 52.52 09/29/2004 60.00 - 13.13.8482.2 ZEISLOFT, BRIAN & JILL 43.43 42.81 .62 12/21/2004 85.00 - 16.31.2200.1 ZELLER. STEVEN 123.84 62.82 61.02 01104/2005 58.06 - 74,153.11 38,197.88 26,499.88 4.552.05 2,903.30 Report Criteria: T enninated customers not included Customer.Cust No ()" {<I 880000001 Customer.8i11 Cycle" 2 ... in Msg column indicates no Notice is to be sent